Request for Public Comment: 60-Day Information Collection: Indian Self-Determination and Education Assistance Act Contracts, 30149-30150 [2023-09980]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Indian Health Service

[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30149-30150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09980]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Request for Public Comment: 60-Day Information Collection: Indian 
Self-Determination and Education Assistance Act Contracts

AGENCY: Indian Health Service, HHS.

ACTION: Notice and request for comments. Request for extension of 
approval.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
Indian Health Service (IHS) invites the general public to comment on 
the information collection titled, ``Indian Self-Determination and 
Education Assistance Act Contracts,'' Office of Management and Budget 
(OMB) Control Number 0917-0037. The IHS is requesting OMB to approve an 
extension for this collection, which expires on August 31, 2023.

DATES: Comment Due Date: July 10, 2023. Your comments regarding this 
information collection are best assured of having full effect if 
received within 60 days of the date of this publication.

ADDRESSES: Send your written comments or requests to obtain more 
information to Ms. Terri Schmidt, Director, IHS Office of Direct 
Services and Contracting Tribes, by email to [email protected].

SUPPLEMENTARY INFORMATION: This notice announces our intent to seek an 
extension of the collection already approved by OMB, and to solicit 
comments on specific aspects of the information collection. The purpose 
of this notice is to allow 60 days for public comment to be submitted 
to the IHS. A copy of the supporting statement is available at 
www.regulations.gov (see Docket ID IHS-2023-0001).
    Information Collection Title: Indian Self-Determination and 
Education Assistance Act Contracts, 25 CFR part 900, 0917-0037.
    Type of Information Collection Request: Extension of currently 
approved collection. Form Numbers: 0917-0037.
    Need and Use of Information Collection: In 1975, Congress enacted 
the Indian Self-Determination and Education Assistance Act (ISDEAA) to 
authorize Tribes and Tribal organizations (T/TO) to assume control of 
certain Federal programs, e.g., health care programs that certain 
Federal agencies would otherwise provide to American Indians and Alaska 
Natives.
    The T/TO that intend to establish a new or expanded Title I self-
determination contract with the IHS are required to provide proposal 
information identified at 25 CFR 900.8, which describes what a contract 
proposal must contain. This information is used by the IHS to determine 
applicant eligibility, evaluate applicant capabilities, protect the 
service population, and safeguard Federal funds and resources.
    Subpart C contains provisions relating to the initial contract 
proposal contents (i.e., 25 CFR 900.8). The proposal contents consist 
of required items that must be included in a proposal for a new or 
expanded program. These items include basic information about the T/TO 
and program to be contracted, such as: name and address; authorizing 
resolution; date of submission of proposal; description of geographical 
service area; estimated number of people to be served; brief statement 
of program functions, services or activities to be performed; 
description of the proposed program; financial, procurement, and 
property management standards; description of reports to be provided; 
staff qualifications, if any; budget information; and waiver 
information; as requested. The information is collected at the time the 
T/TO makes an initial application to contract a program.
    Subpart F contains the minimum standards for the management systems 
used by the T/TO when carrying out a self-determination contract. 
Sections 900.40-44, 48-49, 53, 55, and 60 discuss the information and 
record keeping requirements of the T/TO regarding the financial, 
procurement, and property management standards.
    Subpart G provides for the negotiation of all reporting and data 
requirements between the T/TO and the Secretary (e.g., 25 CFR 900.65). 
The information collected is directly related to the operation of the 
program and is negotiated on a contract by contract basis. The IHS uses 
the information to monitor contract operations and determine if 
satisfactory services are being provided. The information is collected 
and reported during the operation of the contract based on the terms 
negotiated in each contract.
    Subpart I establishes procedures regarding the donation of excess 
and surplus Federal property to T/TO, and the acquisition of property 
with funds provided under a self-determination contract. This subpart 
addresses the procedures to be followed when the T/TO wish to acquire 
excess IHS property, and excess or surplus government property from 
other agencies (e.g., 25 CFR 900.97). This subpart also addresses the 
process for T/TO to

[[Page 30150]]

request that real property be placed ``in trust.'' The IHS uses the 
information to determine what property the T/TO want to acquire and how 
the property will be used. The information is collected and reported 
when the T/TO submit a request for excess and surplus federal property.
    Subpart J addresses the process by which the T/TO may contract for 
construction activities and sets forth minimum requirements for 
contract proposals (e.g., 25 CFR 900.110-133). Among other things, the 
subpart requires the T/TO to submit descriptions of standards when 
proposing to contract a construction project. These standards include 
use of licensed and qualified architects and engineers; applicable 
health and safety standards; adherence to applicable Federal, state, or 
Tribal building codes and engineering standards; structural integrity; 
accountability for funds; adequate competition for sub-contracting 
under Tribal or other applicable law; the commencement, performance, 
and completion of the contract; adherence to project plans and 
specifications (including any applicable Federal construction 
guidelines and manuals); the use of proper materials and workmanship; 
necessary inspection and testing; and a process for changes, 
modifications, stop work and termination of the work when warranted. In 
addition to the above, additional information is required when T/TO are 
proposing to contract design and construction activity.
    Subpart L (25 CFR 900.150 et seq.) provides the appeal procedures 
available to the T/TO. Section 900.158 explains how to file a notice of 
appeal with the Interior Board of Indian Appeals (IBIA) and what the 
notice should contain. The IBIA receives the notice of appeal from the 
T/TO; and the IHS receives a copy of information sent to the IBIA; and 
section 900.166 provides instructions for submitting a written 
statement of objections concerning an Administrative Law Judge's 
decision. The information is collected and reported when the T/TO 
request an appeal conference, file a notice of appeal, or request an 
appeal time extension, or submit objections for an Administrative Law 
Judge's decision (i.e., 900.166).
    Subpart N covers the process for post-award contract disputes 
(e.g., 25 CFR 900.215-230). Section 900.219 explains how the T/TO 
submit a Contract Disputes Act (CDA) claim. The IHS needs and uses the 
information to evaluate and approve or disapprove a CDA claim. The 
information is collected and reported as needed when such a claim is 
filed. The CDA, 41 U.S.C. 7101 et seq., sets forth the information 
required to be submitted for a claim. The regulations, including at 
900.220, only restate those statutory requirements and do not require 
any additional information.
    Affected Public: Federally recognized Indian Tribes and Tribal 
organizations.
    Type of Respondents: Governments and individuals.
    Estimated Number of Responses: 243.
    Estimated Time per Response: An average of 30 hours per response.
    Frequency of Response: Each time programs, functions, services, or 
activities are contracted from the IHS under the ISDEAA, currently 243 
per year.
    Estimated Total Annual Hour Burden: 7,290.
    There are no capital costs, operating costs and/or maintenance 
costs to respondents.
    Requests for Comments: Your written comments and/or suggestions are 
invited on one or more of the following points:
    (a) Whether the information collection activity is necessary to 
carry out an agency function;
    (b) Whether the agency processes the information collected in a 
useful and timely fashion;
    (c) The accuracy of the public burden estimate (the estimated 
amount of time needed for individual respondents to provide the 
requested information);
    (d) Whether the methodology and assumptions used to determine the 
estimates are logical;
    (e) Ways to enhance the quality, utility, and clarity of the 
information being collected; and
    (f) Ways to minimize the public burden through the use of 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology.

P. Benjamin Smith,
Deputy Director, Indian Health Service.
[FR Doc. 2023-09980 Filed 5-9-23; 8:45 am]
BILLING CODE 4165-16-P