Tribal Self-Governance Program; Negotiation Cooperative Agreement, 25267-25271 [E9-12314]
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Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices
approved for funding under this
announcement. The NoA will be signed
by the Grants Management Officer and
this is the authorizing document for
which funds are dispersed to the
approved entities. The NoA will serve
as the official notification of the grant
award and will reflect the amount of
Federal funds awarded, the purpose of
the grant, the terms and conditions of
the award, the effective date of the
award, and the budget/project period.
The NoA is the legally binding
document. Applicants who are
approved but unfunded or disapproved
based on their Objective Review score
will receive a copy of the Final
Executive Summary which identifies
the weaknesses and strengths of the
application submitted. Any
correspondence other than the NoA
announcing to the Project Director that
an application was selected is not an
authorization to begin performance.
2. Administrative Requirements:
Grants are administrated in
accordance with the following
documents:
• This Program Announcement.
• 45 CFR part 92, ‘‘Uniform
Administrative Requirements for Grants
and Cooperative Agreements to State,
Local and Tribal Governments,’’ or 45
CFR part 74, ‘‘Uniform Administrative
Requirements for Awards to Institutions
of Higher Education, Hospitals, Other
Non Profit Organizations, and
Commercial Organizations.’’
• Grants Policy Guidance: HHS
Grants Policy Statement, January 2007.
• Cost Principles: OMB Circular A–
87, ‘‘Cost Principles for State, Local, and
Indian Tribal Governments’’ (Title 2
Part 225).
• Administrative Requirements: OMB
Circular A–122, ‘‘Non-Profit
Organizations’’ (Title 2 Part 230).
• Audit Requirements: OMB Circular
A–133, ‘‘Audits of States, Local
Governments, and Non-Profit
Organizations.’’
3. Indirect Costs:
This section applies to all grant
recipients that request reimbursement of
indirect costs in their grant application.
In accordance with the HHS Grants
Policy Statement, Part II–27, IHS
requires applicants to have a current
indirect cost rate agreement in place
prior to award. The rate agreement must
be prepared in accordance with the
applicable cost principles and guidance
as provided by the cognizant agency or
office. A current rate means the rate
covering the applicable activities and
the award budget period. If the current
rate is not on file with the DGM at the
time of award, the indirect cost portion
of the budget will be restricted and not
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available to the recipient until the
current rate is provided to the DGM.
Generally, indirect costs rates for IHS
grantees are negotiated with the
Division of Cost Allocation (https://
rates.psc.gov/) and the Department of
the Interior National Business Center
(1849 C St. NW., Washington, DC
20240) https://www.nbc.gov/acquisition/
ics/icshome.html. If your organization
has questions regarding the indirect cost
policy, please contact the DGM at (301)
443–5204.
4. Reporting:
A. Progress Report. Program progress
reports are required semi-annually.
These reports must be submitted within
30 days of the end of the half year and
will include a brief comparison of actual
accomplishments to the goals
established for the period, or, if
applicable, provide sound justification
for the lack of progress, 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. Semiannual 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. The final
SF–269 must be verified from the
grantee’s records on how the value was
derived. Grantees must submit the
reports consistent with the applicable
deadlines.
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 nonfunding 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.
5. Telecommunication for the hearing
impaired is available at: TTY (301) 443–
6394.
VII. IHS Agency Contact(s)
1. Questions on the programmatic
issues may be directed to: Matt Johnson,
Policy Analyst, Office of Tribal SelfGovernance, Telephone No.: (301) 443–
7821, Fax No.: (301) 443–1050, E-mail:
matthew.johnson@ihs.gov.
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2. Questions on grants management
and fiscal matters may be directed to:
John Hoffman, Grants Management
Specialist, Division of Grants
Management, Telephone No.: (301) 443–
5204, Fax No.: (301) 443–9602, E-mail:
john.hoffman2@ihs.gov.
VIII. Other Information
The Public Health Service (PHS)
strongly encourages all cooperative
agreement and contract recipients to
provide a smoke-free workplace and
promote the non-use of all tobacco
products. In addition, Public Law 103–
227, the Pro-Children Act of 1994,
prohibits smoking in certain facilities
(or in some cases, any portion 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 20, 2009.
Randy Grinnell,
Deputy Director, Management Operations,
Indian Health Service.
[FR Doc. E9–12316 Filed 5–26–09; 8:45 am]
BILLING CODE 4165–16–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Indian Health Service
Tribal Self-Governance Program;
Negotiation Cooperative Agreement
Announcement Type: New Funding.
Announcement Number: HHS–2009–
IHS–TSGN–0001.
Catalog of Federal Domestic
Assistance Number: 93.444.
Key Dates:
Application Deadline Date: June 22,
2009.
Review Date: July 6–7, 2009.
Anticipated Start Date: August 3,
2009.
I. Funding Opportunity Description
The purpose of the Negotiation
Cooperative Agreement is to provide
resources to Tribes interested in
participating in the Tribal SelfGovernance Program (TSGP), as
authorized by Public Law (Pub. L.) 106–
260, the Tribal Self-Governance
Amendments of 2000, Title V of the
Indian Self-Determination and
Education Assistance Act, Public Law
93–638, as amended (Title V) (25 U.S.C.
458aaa–2(e)). There is limited
competition under this announcement
because the authorizing legislation
restricts eligibility to Tribes that meet
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specific criteria (Refer to Section
III.1.A., ELIGIBLE APPLICANTS in this
announcement). The TSGP is designed
to promote Self-Determination by
enabling Tribes to assume control of
Indian Health Service (IHS) programs,
services, functions, and activities, or
portions thereof (PSFAs), through
compacts negotiated with the IHS. The
Negotiation Cooperative Agreement
provides a Tribe with funds to help
cover the expenses involved in
preparing for and negotiating a compact
with the IHS. This program is described
at 93.444 in the Catalog of Federal
Domestic Assistance (CFDA).
The Negotiation Cooperative
Agreement provides resources to assist
Indian Tribes with negotiation activities
that include but are not limited to:
1. Determine what PSFAs will be
negotiated.
2. Identification of Tribal funding
shares that will be included in the
funding agreement (FA).
3. Development of the terms and
conditions that will be set forth in the
FA.
Indian Tribes that have completed
comparable health planning activities in
previous years using Tribal resources
but have not received a self-governance
planning cooperative agreement award
are eligible to apply for a Negotiation
Cooperative Agreement. The award of a
Negotiation Cooperative Agreement is
not a prerequisite to enter the TSGP.
II. Award Information
Type of Awards: Cooperative
Agreement.
Estimated Funds Available: The total
amount identified for Fiscal Year (FY)
2009 is $240,000 for approximately
eight Tribes. Awards under this
announcement are subject to the
availability of funds.
Anticipated Number of Awards: The
estimated number of awards under the
program to be funded is approximately
eight.
Project Period: 12 months.
Award Amount: $ 30,000 per year.
Programmatic Involvement: SelfGovernance Negotiation Cooperative
Agreements entail substantial IHS
programmatic involvement to establish
a process through which Tribes can
effectively approach the IHS to identify
PSFAs and associated funding that
could be incorporated into their
programs.
The IHS roles and responsibilities
will include:
• Providing a description of PSFAs
and associated funding at all levels,
including funding formulas and
methodologies related to determining
Tribal shares.
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• Identification of IHS staff that will
consult with applicants on methods
currently used to manage and deliver
health care.
• Provide applicants with statutes,
regulations, and policies that provide
authority for administering IHS
programs, including contract support
costs criteria for new or expanded
programs.
The Grantee’s roles and
responsibilities are essential to the
overall success of the project. Therefore
the grantee must:
• Determine the PSFAs and
associated funding the Tribe may elect
to assume.
• Prepare to discuss each PSFA in
comparison to the current level of
services provided, so that an informed
decision can be made on new program
assumption.
• Develop a compact and FA to
submit to the Agency Lead Negotiator
prior to negotiations. The Agency Lead
Negotiator is the Federal official with
the delegated authority of the IHS
Director to negotiate compacts and
funding agreements on behalf of the
IHS.
III. Eligibility Information
1. Eligible Applicants
To be eligible for a Negotiation
Cooperative Agreement under this
announcement, an applicant must:
A. Be a Federally-recognized Tribe as
defined in 25 U.S.C. 450b(e). However,
Alaska Native Villages or Alaska Native
Village Corporations are not eligible if
they are located within the area served
by an Alaska Native regional health
entity already participating in the
Alaska Tribal Health Compact. Those
Tribes not represented by a selfgovernance Tribal consortium funding
agreement within their area may still be
considered to participate in the TSGP.
B. Submit a resolution or official
action from the appropriate governing
body authorizing the submission of the
Negotiation Cooperative Agreement
application. An Indian Tribe that is
proposing a Negotiation Cooperative
Agreement affecting another Indian
Tribe must include resolutions from all
affected Tribes to be served. For Tribal
consortia applying for a Negotiation
Cooperative Agreement, individual
Tribal Council Resolutions from all
individual Tribes whose PSFAs will be
compacted must be submitted.
Draft resolutions are acceptable in
lieu of an official resolution to submit
with the application. However, an
official signed Tribal resolution must be
received by the Division of Grants
Management (DGM), Attn: John
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Hoffman, 801 Thompson Avenue, TMP,
Suite 360, Rockville, MD 20852, prior to
the evaluation on July 6, 2009. If an
official signed resolution is not
submitted by July 6, 2009, the
application will be considered
incomplete and will be returned to the
applicant without further consideration.
*It is highly recommended that the
Tribal resolution be sent by a delivery
method that includes proof of receipt.
C. Demonstrate, for three fiscal years,
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. Grantees are
required to submit annual audit reports
for the three years prior to the year in
which the application will be
submitted. The applicants may scan the
documents and attach them to the
electronic application. If the applicant
determines that the audit reports are too
lengthy, the applicants may submit
them separately via regular mail by the
due date, June 22, 2009. Applicants
sending in audit reports via regular mail
must submit two copies of the audits for
the three previous fiscal years under
separate cover directly to the DGM,
Attn: John Hoffman, 801 Thompson
Avenue, TMP, Suite 360, Rockville, MD
20852, referencing the Funding
Opportunity Number, HHS–2009–IHS–
TSGN–0001, as prescribed by Public
Law 98–502, the Single Audit Act, as
amended (see OMB Circular A–133,
revised June 24, 1997, Audits of States,
Local Governments, and Non-Profit
Organizations). If this documentation is
not submitted with the application by
the application receipt date, June 22,
2009, the application will be considered
incomplete and will be returned to the
applicant without further consideration.
Applicants must include the grant
tracking number assigned to their
electronic submission by Grants.gov and
the date submitted via Grants.gov in
their cover letter transmitting the
required audits for the previous three
fiscal years.
2. Cost Sharing or Matching
The Negotiation Cooperative
Agreement does not require matching
funds or cost sharing to participate in
the competitive grant process.
3. Other Requirements
A. This program is described at
93.444 in the CFDA.
B. If the application budget exceeds
the stated dollar amount that is outlined
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within this announcement, the
application will be returned to the
applicant without further consideration.
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IV. Application and Submission
Information
1. Applicant package may be found
through Grants.gov (https://
www.Grants.gov) or at: https://www.ihs.
gov/NonMedicalPrograms/gogp/index.
cfm?module=gogp_funding.
Information regarding this
announcement may also be found on the
Office of Tribal Self-Governance Web
site at: https://www.ihs.gov/NonMedical
Programsv/SelfGovernance/index.cfm?
module=planning_negotiation.
2. Content and Form of Application
Submission:
A. The application must contain the
following:
(1) Table of Contents.
(2) Abstract (one page) summarizing
the project.
(3) Narrative (no more than seven
pages) providing:
(a) Background information on the
Tribe.
(b) Proposed scope of work,
objectives, and activities that provide a
description of what will be
accomplished including a one-page
Time Frame Chart.
(4) Budget narrative and justification.
(5) Tribal Resolution (or official
action).
(6) Appendices:
(a) Work plan for proposed objectives.
(b) Resumes or position descriptions
of key staff.
(c) Contractor/Consultant resumes or
qualifications and scope of work.
(d) Current Indirect Cost Agreement.
(e) Organizational Chart (optional).
(f) Audits.
B. The project and budget narratives
must:
(1) Be single spaced.
(2) Be typewritten.
(3) Have consecutively numbered
pages.
(4) Use black type not smaller than 12
characters per one inch.
(5) Be printed on one side only of
standard size 81⁄2″ x 11″ paper.
C. The seven page limit for the
narrative does not include the work
plan, standard forms, Tribal resolutions
or letters of support, 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 the exception of the
Lobbying and Discrimination public
policy.
3. Submission Dates and Times:
Applications must be submitted
electronically through Grants.gov by 12
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midnight Eastern Standard Time (EST)
on the deadline date. If technical
challenges arise and the applicant is
unable to successfully complete the
electronic application process, the
grantee must submit a request, in
writing (e-mails are acceptable), to
Michelle Bulls, DGM, at
Michelle.Bulls@ihs.gov, to obtain
approval to submit a paper application.
The request must be submitted at least
15 days prior to the application
deadline and should include a
justification for the need to deviate from
the standard electronic submission
process. Upon receipt of approval, a
hard-copy application package must be
downloaded by the applicant from
Grants.gov and sent directly to John
Hoffman, Division of Grants
Management, 801 Thompson Avenue,
TMP, Suite 360, Rockville, MD 20852 by
the due date, June 22, 2009.
Applications not submitted through
Grants.gov, without an approved
waiver, may be returned to the applicant
without review or consideration. Late
applications will not be accepted for
processing nor considered for funding
and will be returned to the applicant.
IHS will not acknowledge receipt of
applications.
4. Intergovernmental Review:
Executive Order 12372 requiring
intergovernmental review is not
applicable to this program.
5. Funding Restrictions:
A. Each negotiation cooperative
agreement shall not exceed $30,000.
B. The available funds are inclusive of
direct and appropriate indirect costs.
C. Only one Negotiation Cooperative
Agreement will be awarded per
applicant.
Electronic Submission—The preferred
method for receipt of applications is
electronic submission through
Grants.gov. However, should any
technical challenges arise regarding the
submission, please contact Grants.gov
Customer Support at 1–800–518–4726
or support@grants.gov. The Contact
Center hours of operation are Monday–
Friday from 7 a.m. to 9 p.m. EST. If you
require additional assistance please call
the DGM at (301) 443–6290 and identify
the need for assistance regarding your
Grants.gov application. Your call will be
transferred to the appropriate grants
staff member. The applicant must seek
assistance at least fifteen days prior to
the application deadline. Applicants
that do not adhere to the timelines for
Central Contractor Registration (CCR)
and/or Grants.gov registration and/or
requesting timely assistance with
technical issues will not be a candidate
for paper applications. CCR is the
primary registrant database for the
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Federal Government and collects,
validates, stores, and disseminates data
in support of agency acquisition
missions.
To submit an application
electronically, please go to https://
www.Grants.gov and select the ‘‘Apply
for Grants’’ link on the home page.
Download a copy of the application
package on the Grants.gov website,
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
IHS.
Please be reminded of the following:
• Under the new IHS application
submission requirements, paper
applications are not the preferred
method. However, if you have technical
problems submitting your application
on-line, please contact Grants.gov
Customer Support at: https://
www.grants.gov/CustomerSupport
• Upon contacting Grants.gov obtain
a tracking number as proof of contact.
The tracking number is helpful if there
are technical issues that cannot be
resolved and a waiver request from the
DGM must be obtained.
• Upon entering the Grants.gov site,
there are application instructions
available to applicants under this
announcement that outline the
requirements of the Grants.gov
submission process, as well as the hours
of operation. We strongly encourage all
applicants not to wait until the deadline
date to begin the application process
through Grants.gov as the registration
process for CCR and Grants.gov could
take up to fifteen working days.
• To use Grants.gov, you, as the
applicant, must have a Data Universal
Number System (DUNS) number and
register in the CCR. You should allow a
minimum of ten days working days to
complete CCR registration. See below on
how to apply.
• You must submit all documents
electronically, including all information
typically included on the SF–424 and
all necessary assurances and
certifications.
• Please use the optional attachment
feature in Grants.gov to attach
additional documentation that may be
requested by IHS.
• 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 IHS DGM will
retrieve your application from
Grants.gov. The DGM will not notify
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applicants that the application has been
received.
• You may access the electronic
application for this program on https://
www.Grants.gov.
• You may search for the
downloadable application package
either by the CFDA number or the
Funding Opportunity Number. Both
numbers are identified in the heading of
this announcement.
• The applicant must provide the
Funding Opportunity Number: HHS–
2009–IHS–TSGN–0001.
• If submission of a paper application
is requested and approved, the original
and two copies must be sent to the
appropriate grants contact listed in
Section IV.3.
• E-mail applications will not be
accepted under this announcement.
DUNS Number
Applicants are required to obtain a
DUNS number from Dun and Bradstreet
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.
Applications submitted electronically
must also be registered with the 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 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
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1. Criteria
A. Demonstration of Previous Planning
Activities (30 points)
Has the Indian Tribe determined the
PSFAs it will assume? 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?
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B. Thoroughness of Approach (25
points)
Is a specific narrative provided
regarding the direction the Indian Tribe
plans to take in the TSGP? How will the
Tribe demonstrate improved health and
services to the community it serves? Are
proposed time lines for negotiations
indicated?
C. Project Outcome (25 points)
What beneficial contributions are
expected or anticipated for the Tribe? Is
information provided on the services
that will be assumed? What
improvements will be made to manage
the health care system? Are Tribal needs
discussed in relation to the proposed
programmatic alternatives and outcomes
which will serve the Tribal community?
D. Administrative Capabilities (20
points)
Does the Indian Tribe clearly
demonstrate knowledge and experience
in the operation and management of
health programs? Is the internal
management and administrative
infrastructure of the applicant
described?
2. Review and Selection Process
In addition to the criteria in Section
V.1., applications are considered
according to the following:
A. Application Submission
(1) The applicant and proposed
project type is eligible in accordance
with this announcement.
(2) The application is not a
duplication of a previously funded
project.
(3) The application narrative, forms,
and materials submitted meet the
requirements of the announcement
allowing the review panel to undertake
an in-depth evaluation.
(4) Applicants must not have
previously received a Negotiation
Cooperative Agreement award.
B. Competitive Review of Eligible
Applications
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 the
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
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criteria listed in Section V.1. The ORC
uses the criteria 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 scored by the ORC at 60
points and above will be recommended
for approval and forwarded to the DGM
for cost analysis and further
recommendation. The program official
will forward the approval list to the IHS
Director for final review and approval.
Applications scoring below 60 points
will be disapproved.
Note: In making final selections, the IHS
Director will consider the ranking factors 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.
IV. Award Administration Information
1. Award Notices
The Notice of Award (NoA) will be
initiated by the DGM and will be mailed
via postal mail to each entity that is
approved for funding under this
announcement. The NoA will be signed
by the Grants Management Officer and
this is the authorizing document under
which funds are dispersed to the
approved entities. The NoA will serve
as the official notification of the grant
award and will reflect the amount of
Federal funds awarded, the purpose of
the grant, the terms and conditions of
the award, the effective date of the
award, and the budget/project period.
The NoA is the legally binding
document. Applicants who are
approved but unfunded or disapproved
based on their Objective Review score
will receive a copy of the Final
Executive Summary which identifies
the weaknesses and strengths of the
application submitted. Any
correspondence other than the NoA
announcing to the Project Director that
an application was selected is not an
authorization to begin performance.
2. Administrative Requirements
Cooperative Agreements are
administered in accordance with the
following documents:
• This Program Announcement.
• Program Regulations, 42 CFR Part
136.101 et seq.
• 45 CFR Part 92, ‘‘Uniform
Administrative Requirements for Grants
and Cooperative Agreements to State,
Local and Tribal Governments,’’ or 45
CFR Part 74, ‘‘Uniform Administrative
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Requirements for Awards to Institutions
of Higher Education, Hospitals, Other
Non Profit Organizations, and
Commercial Organizations.’’
• Grants Policy Guidance: HHS
Grants Policy Statement, January 2007.
• Cost Principles: OMB Circular A–
87, ‘‘Cost Principles for State, Local, and
Indian Tribal Governments’’ (Title 2
Part 225).
• Administrative Requirements: OMB
Circular A–122, ‘‘Non Profit
Organizations’’ (Title 2 Part 230).
• Audit Requirements: OMB Circular
A–133, ‘‘Audits of States, Local
Governments, and Non-Profit
Organizations.’’
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3. Indirect Costs
This section applies to all grant
recipients that request reimbursement of
indirect costs in their grant application.
In accordance with HHS Grants Policy
Statement, Part II–27, IHS requires
applicants to have a current indirect
cost rate agreement in place prior to
award. The rate agreement must be
prepared in accordance with the
applicable cost principles and guidance
as provided by the cognizant agency or
office. A current rate means the rate
covering the applicable activities and
the award budget period. If the current
rate is not on file with the DGM at the
time of award, the indirect cost portion
of the budget will be restricted and not
available to the recipient until the
current rate is provided to the DGM.
Generally, indirect costs rates for IHS
grantees are negotiated with the
Division of Cost Allocation (https://
rates.psc.gov/) and the Department of
the Interior National Business Center
(1849 C St., NW., Washington, DC
20240) https://www.nbc.gov/acquisition/
ics/icshome.html. If your organization
has questions regarding the indirect cost
policy, please contact the DGM at (301)
443–5204 or (301) 443–6290.
4. Reporting
A. Progress Report. Program progress
reports are required semi-annually.
These reports must be submitted within
30 days of the end of the half year and
will include a brief comparison of actual
accomplishments to the goals
established for the period, or, if
applicable, provide sound justification
for the lack of progress, 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. Semiannual 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
VerDate Nov<24>2008
15:23 May 26, 2009
Jkt 217001
expiration of the budget/project period.
Standard Form 269 (long form) will be
used for financial reporting. The final
SF–269 must be verified from the
grantee’s records on how the value was
derived. Grantees must submit reports
consistent with the applicable
deadlines.
Failure to submit required reports
within the time allowed may result in
suspension or termination of an active
cooperative agreement, 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.
5. Telecommunication for the hearing
impaired is available at: TTY (301) 443–
6394.
VII. Agency Contact(s)
1. Questions on the programmatic
issues may be directed to: Matt Johnson,
Policy Analyst, Office of Tribal SelfGovernance, Telephone No.: (301) 443–
7821, Fax No.: (301) 443–1050, E-mail:
matthew.johnson@ihs.gov.
2. Questions on grants management
and fiscal matters may be directed to:
John Hoffman, Grants Management
Specialist, Division of Grants
Management, Telephone No.: (301) 443–
5204, Fax No.: (301) 443–9602, E-mail:
john.hoffman2@ihs.gov.
VIII. Other Information
The Public Health Service (PHS)
strongly encourages all cooperative
agreement and contract recipients to
provide a smoke-free workplace and
promote the non-use of all tobacco
products. In addition, Public Law 103–
227, the Pro-Children Act of 1994,
prohibits smoking in certain facilities
(or in some cases, any portion 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.
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
25271
Dated: May 20, 2009.
Randy Grinnell,
Deputy Director, Management Operations,
Indian Health Service.
[FR Doc. E9–12314 Filed 5–26–09; 8:45 am]
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E:\FR\FM\27MYN1.SGM
27MYN1
Agencies
[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25267-25271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12314]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
Tribal Self-Governance Program; Negotiation Cooperative Agreement
Announcement Type: New Funding.
Announcement Number: HHS-2009-IHS-TSGN-0001.
Catalog of Federal Domestic Assistance Number: 93.444.
Key Dates:
Application Deadline Date: June 22, 2009.
Review Date: July 6-7, 2009.
Anticipated Start Date: August 3, 2009.
I. Funding Opportunity Description
The purpose of the Negotiation Cooperative Agreement is to provide
resources to Tribes interested in participating in the Tribal Self-
Governance Program (TSGP), as authorized by Public Law (Pub. L.) 106-
260, the Tribal Self-Governance Amendments of 2000, Title V of the
Indian Self-Determination and Education Assistance Act, Public Law 93-
638, as amended (Title V) (25 U.S.C. 458aaa-2(e)). There is limited
competition under this announcement because the authorizing legislation
restricts eligibility to Tribes that meet
[[Page 25268]]
specific criteria (Refer to Section III.1.A., ELIGIBLE APPLICANTS in
this announcement). The TSGP is designed to promote Self-Determination
by enabling Tribes to assume control of Indian Health Service (IHS)
programs, services, functions, and activities, or portions thereof
(PSFAs), through compacts negotiated with the IHS. The Negotiation
Cooperative Agreement provides a Tribe with funds to help cover the
expenses involved in preparing for and negotiating a compact with the
IHS. This program is described at 93.444 in the Catalog of Federal
Domestic Assistance (CFDA).
The Negotiation Cooperative Agreement provides resources to assist
Indian Tribes with negotiation activities that include but are not
limited to:
1. Determine what PSFAs will be negotiated.
2. Identification of Tribal funding shares that will be included in
the funding agreement (FA).
3. Development of the terms and conditions that will be set forth
in the FA.
Indian Tribes that have completed comparable health planning
activities in previous years using Tribal resources but have not
received a self-governance planning cooperative agreement award are
eligible to apply for a Negotiation Cooperative Agreement. The award of
a Negotiation Cooperative Agreement is not a prerequisite to enter the
TSGP.
II. Award Information
Type of Awards: Cooperative Agreement.
Estimated Funds Available: The total amount identified for Fiscal
Year (FY) 2009 is $240,000 for approximately eight Tribes. Awards under
this announcement are subject to the availability of funds.
Anticipated Number of Awards: The estimated number of awards under
the program to be funded is approximately eight.
Project Period: 12 months.
Award Amount: $ 30,000 per year.
Programmatic Involvement: Self-Governance Negotiation Cooperative
Agreements entail substantial IHS programmatic involvement to establish
a process through which Tribes can effectively approach the IHS to
identify PSFAs and associated funding that could be incorporated into
their programs.
The IHS roles and responsibilities will include:
Providing a description of PSFAs and associated funding at
all levels, including funding formulas and methodologies related to
determining Tribal shares.
Identification of IHS staff that will consult with
applicants on methods currently used to manage and deliver health care.
Provide applicants with statutes, regulations, and
policies that provide authority for administering IHS programs,
including contract support costs criteria for new or expanded programs.
The Grantee's roles and responsibilities are essential to the
overall success of the project. Therefore the grantee must:
Determine the PSFAs and associated funding the Tribe may
elect to assume.
Prepare to discuss each PSFA in comparison to the current
level of services provided, so that an informed decision can be made on
new program assumption.
Develop a compact and FA to submit to the Agency Lead
Negotiator prior to negotiations. The Agency Lead Negotiator is the
Federal official with the delegated authority of the IHS Director to
negotiate compacts and funding agreements on behalf of the IHS.
III. Eligibility Information
1. Eligible Applicants
To be eligible for a Negotiation Cooperative Agreement under this
announcement, an applicant must:
A. Be a Federally-recognized Tribe as defined in 25 U.S.C. 450b(e).
However, Alaska Native Villages or Alaska Native Village Corporations
are not eligible if they are located within the area served by an
Alaska Native regional health entity already participating in the
Alaska Tribal Health Compact. Those Tribes not represented by a self-
governance Tribal consortium funding agreement within their area may
still be considered to participate in the TSGP.
B. Submit a resolution or official action from the appropriate
governing body authorizing the submission of the Negotiation
Cooperative Agreement application. An Indian Tribe that is proposing a
Negotiation Cooperative Agreement affecting another Indian Tribe must
include resolutions from all affected Tribes to be served. For Tribal
consortia applying for a Negotiation Cooperative Agreement, individual
Tribal Council Resolutions from all individual Tribes whose PSFAs will
be compacted must be submitted.
Draft resolutions are acceptable in lieu of an official resolution
to submit with the application. However, an official signed Tribal
resolution must be received by the Division of Grants Management (DGM),
Attn: John Hoffman, 801 Thompson Avenue, TMP, Suite 360, Rockville, MD
20852, prior to the evaluation on July 6, 2009. If an official signed
resolution is not submitted by July 6, 2009, the application will be
considered incomplete and will be returned to the applicant without
further consideration.
*It is highly recommended that the Tribal resolution be sent by a
delivery method that includes proof of receipt.
C. Demonstrate, for three fiscal years, 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. Grantees are required to
submit annual audit reports for the three years prior to the year in
which the application will be submitted. The applicants may scan the
documents and attach them to the electronic application. If the
applicant determines that the audit reports are too lengthy, the
applicants may submit them separately via regular mail by the due date,
June 22, 2009. Applicants sending in audit reports via regular mail
must submit two copies of the audits for the three previous fiscal
years under separate cover directly to the DGM, Attn: John Hoffman, 801
Thompson Avenue, TMP, Suite 360, Rockville, MD 20852, referencing the
Funding Opportunity Number, HHS-2009-IHS-TSGN-0001, as prescribed by
Public Law 98-502, the Single Audit Act, as amended (see OMB Circular
A-133, revised June 24, 1997, Audits of States, Local Governments, and
Non-Profit Organizations). If this documentation is not submitted with
the application by the application receipt date, June 22, 2009, the
application will be considered incomplete and will be returned to the
applicant without further consideration. Applicants must include the
grant tracking number assigned to their electronic submission by
Grants.gov and the date submitted via Grants.gov in their cover letter
transmitting the required audits for the previous three fiscal years.
2. Cost Sharing or Matching
The Negotiation Cooperative Agreement does not require matching
funds or cost sharing to participate in the competitive grant process.
3. Other Requirements
A. This program is described at 93.444 in the CFDA.
B. If the application budget exceeds the stated dollar amount that
is outlined
[[Page 25269]]
within this announcement, the application will be returned to the
applicant without further consideration.
IV. Application and Submission Information
1. Applicant package may be found through Grants.gov (https://www.Grants.gov) or at: https://www.ihs.gov/NonMedicalPrograms/gogp/index.cfm?module=gogp_funding.
Information regarding this announcement may also be found on the
Office of Tribal Self-Governance Web site at: https://www.ihs.gov/NonMedicalProgramsv/SelfGovernance/index.cfm?module=planning_negotiation.
2. Content and Form of Application Submission:
A. The application must contain the following:
(1) Table of Contents.
(2) Abstract (one page) summarizing the project.
(3) Narrative (no more than seven pages) providing:
(a) Background information on the Tribe.
(b) Proposed scope of work, objectives, and activities that provide
a description of what will be accomplished including a one-page Time
Frame Chart.
(4) Budget narrative and justification.
(5) Tribal Resolution (or official action).
(6) Appendices:
(a) Work plan for proposed objectives.
(b) Resumes or position descriptions of key staff.
(c) Contractor/Consultant resumes or qualifications and scope of
work.
(d) Current Indirect Cost Agreement.
(e) Organizational Chart (optional).
(f) Audits.
B. The project and budget narratives must:
(1) Be single spaced.
(2) Be typewritten.
(3) Have consecutively numbered pages.
(4) Use black type not smaller than 12 characters per one inch.
(5) Be printed on one side only of standard size 8\1/2\'' x 11''
paper.
C. The seven page limit for the narrative does not include the work
plan, standard forms, Tribal resolutions or letters of support, 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 the exception of the Lobbying and Discrimination
public policy.
3. Submission Dates and Times:
Applications must be submitted electronically through Grants.gov by
12 midnight Eastern Standard Time (EST) on the deadline date. If
technical challenges arise and the applicant is unable to successfully
complete the electronic application process, the grantee must submit a
request, in writing (e-mails are acceptable), to Michelle Bulls, DGM,
at Michelle.Bulls@ihs.gov, to obtain approval to submit a paper
application. The request must be submitted at least 15 days prior to
the application deadline and should include a justification for the
need to deviate from the standard electronic submission process. Upon
receipt of approval, a hard-copy application package must be downloaded
by the applicant from Grants.gov and sent directly to John Hoffman,
Division of Grants Management, 801 Thompson Avenue, TMP, Suite 360,
Rockville, MD 20852 by the due date, June 22, 2009. Applications not
submitted through Grants.gov, without an approved waiver, may be
returned to the applicant without review or consideration. Late
applications will not be accepted for processing nor considered for
funding and will be returned to the applicant. IHS will not acknowledge
receipt of applications.
4. Intergovernmental Review:
Executive Order 12372 requiring intergovernmental review is not
applicable to this program.
5. Funding Restrictions:
A. Each negotiation cooperative agreement shall not exceed $30,000.
B. The available funds are inclusive of direct and appropriate
indirect costs.
C. Only one Negotiation Cooperative Agreement will be awarded per
applicant.
Electronic Submission--The preferred method for receipt of
applications is electronic submission through Grants.gov. However,
should any technical challenges arise regarding the submission, please
contact Grants.gov Customer Support at 1-800-518-4726 or
support@grants.gov. The Contact Center hours of operation are Monday-
Friday from 7 a.m. to 9 p.m. EST. If you require additional assistance
please call the DGM at (301) 443-6290 and identify the need for
assistance regarding your Grants.gov application. Your call will be
transferred to the appropriate grants staff member. The applicant must
seek assistance at least fifteen days prior to the application
deadline. Applicants that do not adhere to the timelines for Central
Contractor Registration (CCR) and/or Grants.gov registration and/or
requesting timely assistance with technical issues will not be a
candidate for paper applications. CCR is the primary registrant
database for the Federal Government and collects, validates, stores,
and disseminates data in support of agency acquisition missions.
To submit an application electronically, please go to https://www.Grants.gov and select the ``Apply for Grants'' link on the home
page. Download a copy of the application package on the Grants.gov
website, 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 IHS.
Please be reminded of the following:
Under the new IHS application submission requirements,
paper applications are not the preferred method. However, if you have
technical problems submitting your application on-line, please contact
Grants.gov Customer Support at: https://www.grants.gov/CustomerSupport
Upon contacting Grants.gov obtain a tracking number as
proof of contact. The tracking number is helpful if there are technical
issues that cannot be resolved and a waiver request from the DGM must
be obtained.
Upon entering the Grants.gov site, there are application
instructions available to applicants under this announcement that
outline the requirements of the Grants.gov submission process, as well
as the hours of operation. We strongly encourage all applicants not to
wait until the deadline date to begin the application process through
Grants.gov as the registration process for CCR and Grants.gov could
take up to fifteen working days.
To use Grants.gov, you, as the applicant, must have a Data
Universal Number System (DUNS) number and register in the CCR. You
should allow a minimum of ten days working days to complete CCR
registration. See below on how to apply.
You must submit all documents electronically, including
all information typically included on the SF-424 and all necessary
assurances and certifications.
Please use the optional attachment feature in Grants.gov
to attach additional documentation that may be requested by IHS.
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 IHS DGM will retrieve your application
from Grants.gov. The DGM will not notify
[[Page 25270]]
applicants that the application has been received.
You may access the electronic application for this program
on https://www.Grants.gov.
You may search for the downloadable application package
either by the CFDA number or the Funding Opportunity Number. Both
numbers are identified in the heading of this announcement.
The applicant must provide the Funding Opportunity Number:
HHS-2009-IHS-TSGN-0001.
If submission of a paper application is requested and
approved, the original and two copies must be sent to the appropriate
grants contact listed in Section IV.3.
E-mail applications will not be accepted under this
announcement.
DUNS Number
Applicants are required to obtain a DUNS number from Dun and
Bradstreet 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.
Applications submitted electronically must also be registered with
the 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 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
1. Criteria
A. Demonstration of Previous Planning Activities (30 points)
Has the Indian Tribe determined the PSFAs it will assume? 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?
B. Thoroughness of Approach (25 points)
Is a specific narrative provided regarding the direction the Indian
Tribe plans to take in the TSGP? How will the Tribe demonstrate
improved health and services to the community it serves? Are proposed
time lines for negotiations indicated?
C. Project Outcome (25 points)
What beneficial contributions are expected or anticipated for the
Tribe? Is information provided on the services that will be assumed?
What improvements will be made to manage the health care system? Are
Tribal needs discussed in relation to the proposed programmatic
alternatives and outcomes which will serve the Tribal community?
D. Administrative Capabilities (20 points)
Does the Indian Tribe clearly demonstrate knowledge and experience
in the operation and management of health programs? Is the internal
management and administrative infrastructure of the applicant
described?
2. Review and Selection Process
In addition to the criteria in Section V.1., applications are
considered according to the following:
A. Application Submission
(1) The applicant and proposed project type is eligible in
accordance with this announcement.
(2) The application is not a duplication of a previously funded
project.
(3) The application narrative, forms, and materials submitted meet
the requirements of the announcement allowing the review panel to
undertake an in-depth evaluation.
(4) Applicants must not have previously received a Negotiation
Cooperative Agreement award.
B. Competitive Review of Eligible Applications
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 the 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 ORC uses the criteria 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 scored by the ORC at 60 points and
above will be recommended for approval and forwarded to the DGM for
cost analysis and further recommendation. The program official will
forward the approval list to the IHS Director for final review and
approval. Applications scoring below 60 points will be disapproved.
Note: In making final selections, the IHS Director will consider
the ranking factors 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.
IV. Award Administration Information
1. Award Notices
The Notice of Award (NoA) will be initiated by the DGM and will be
mailed via postal mail to each entity that is approved for funding
under this announcement. The NoA will be signed by the Grants
Management Officer and this is the authorizing document under which
funds are dispersed to the approved entities. The NoA will serve as the
official notification of the grant award and will reflect the amount of
Federal funds awarded, the purpose of the grant, the terms and
conditions of the award, the effective date of the award, and the
budget/project period. The NoA is the legally binding document.
Applicants who are approved but unfunded or disapproved based on their
Objective Review score will receive a copy of the Final Executive
Summary which identifies the weaknesses and strengths of the
application submitted. Any correspondence other than the NoA announcing
to the Project Director that an application was selected is not an
authorization to begin performance.
2. Administrative Requirements
Cooperative Agreements are administered in accordance with the
following documents:
This Program Announcement.
Program Regulations, 42 CFR Part 136.101 et seq.
45 CFR Part 92, ``Uniform Administrative Requirements for
Grants and Cooperative Agreements to State, Local and Tribal
Governments,'' or 45 CFR Part 74, ``Uniform Administrative
[[Page 25271]]
Requirements for Awards to Institutions of Higher Education, Hospitals,
Other Non Profit Organizations, and Commercial Organizations.''
Grants Policy Guidance: HHS Grants Policy Statement,
January 2007.
Cost Principles: OMB Circular A-87, ``Cost Principles for
State, Local, and Indian Tribal Governments'' (Title 2 Part 225).
Administrative Requirements: OMB Circular A-122, ``Non
Profit Organizations'' (Title 2 Part 230).
Audit Requirements: OMB Circular A-133, ``Audits of
States, Local Governments, and Non-Profit Organizations.''
3. Indirect Costs
This section applies to all grant recipients that request
reimbursement of indirect costs in their grant application. In
accordance with HHS Grants Policy Statement, Part II-27, IHS requires
applicants to have a current indirect cost rate agreement in place
prior to award. The rate agreement must be prepared in accordance with
the applicable cost principles and guidance as provided by the
cognizant agency or office. A current rate means the rate covering the
applicable activities and the award budget period. If the current rate
is not on file with the DGM at the time of award, the indirect cost
portion of the budget will be restricted and not available to the
recipient until the current rate is provided to the DGM.
Generally, indirect costs rates for IHS grantees are negotiated
with the Division of Cost Allocation (https://rates.psc.gov/) and the
Department of the Interior National Business Center (1849 C St., NW.,
Washington, DC 20240) https://www.nbc.gov/acquisition/ics/icshome.html.
If your organization has questions regarding the indirect cost policy,
please contact the DGM at (301) 443-5204 or (301) 443-6290.
4. Reporting
A. Progress Report. Program progress reports are required semi-
annually. These reports must be submitted within 30 days of the end of
the half year and will include a brief comparison of actual
accomplishments to the goals established for the period, or, if
applicable, provide sound justification for the lack of progress, 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. The final SF-269 must be verified from the
grantee's records on how the value was derived. Grantees must submit
reports consistent with the applicable deadlines.
Failure to submit required reports within the time allowed may
result in suspension or termination of an active cooperative agreement,
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.
5. Telecommunication for the hearing impaired is available at: TTY
(301) 443-6394.
VII. Agency Contact(s)
1. Questions on the programmatic issues may be directed to: Matt
Johnson, Policy Analyst, Office of Tribal Self-Governance, Telephone
No.: (301) 443-7821, Fax No.: (301) 443-1050, E-mail:
matthew.johnson@ihs.gov.
2. Questions on grants management and fiscal matters may be
directed to: John Hoffman, Grants Management Specialist, Division of
Grants Management, Telephone No.: (301) 443-5204, Fax No.: (301) 443-
9602, E-mail: john.hoffman2@ihs.gov.
VIII. Other Information
The Public Health Service (PHS) strongly encourages all cooperative
agreement and contract recipients to provide a smoke-free workplace and
promote the non-use of all tobacco products. In addition, Public Law
103-227, the Pro-Children Act of 1994, prohibits smoking in certain
facilities (or in some cases, any portion 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 20, 2009.
Randy Grinnell,
Deputy Director, Management Operations, Indian Health Service.
[FR Doc. E9-12314 Filed 5-26-09; 8:45 am]
BILLING CODE 4165-16-P