83_FR_16951 83 FR 16877 - Office of Tribal Self-Governance; Negotiation Cooperative Agreement

83 FR 16877 - Office of Tribal Self-Governance; Negotiation Cooperative Agreement

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service

Federal Register Volume 83, Issue 74 (April 17, 2018)

Page Range16877-16885
FR Document2018-07941

Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16877-16885]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07941]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Office of Tribal Self-Governance; Negotiation Cooperative 
Agreement

Announcement Type: New--Limited Competition
Funding Announcement Number: HHS-2018-IHS-TSGN-0001
Catalog of Federal Domestic Assistance Number: 93.444

Key Dates

Application Deadline Date: June 17, 2018
Review Date: June 25-29, 2018
Earliest Anticipated Start Date: July 15, 2018
Tribal Resolutions Due Date: June 17, 2018

I. Funding Opportunity Description

Statutory Authority

    The Indian Health Service (IHS) Office of Tribal Self-Governance 
(OTSG) is accepting applications for Negotiation Cooperative Agreements 
for the Tribal Self-Governance Program (TSGP). This program is 
authorized under: Title V of the Indian Self-Determination and 
Education Assistance Act (ISDEAA), 25 U.S.C. 5383(e). This program is 
described in the Catalog of Federal Domestic Assistance (CFDA) under 
93.444.

Background

    The TSGP is more than an IHS program; it is an expression of the 
Government-to-Government relationship between the United States (U.S.) 
and Indian Tribes. Through the TSGP, Tribes negotiate with the IHS to 
assume Programs, Services, Functions, and Activities (PSFAs), or 
portions thereof, which gives Tribes the authority to manage and tailor 
health care programs in a manner that best fits the needs of their 
communities.
    Participation in the TSGP affords Tribes the most flexibility to 
tailor health care PSFAs and is one of three ways that Tribes can 
choose to obtain health care from the Federal Government for their 
citizens. Specifically, Tribes can choose to: (1) Receive health care 
services directly from the IHS, (2) contract with the IHS to administer 
individual programs and services the IHS would otherwise provide 
(referred to as Title I Self-Determination Contracting, and (3) compact 
with the IHS to assume control over health care programs the IHS would 
otherwise provide (referred to as Title V Self-Governance Compacting or 
the TSGP). These options are not exclusive and Tribes may choose to 
combine options based on their individual needs and circumstances.
    The TSGP is a tribally driven initiative, and strong Federal-Tribal 
partnerships are essential to the program's success. The IHS 
established the OTSG to implement the Tribal Self-Governance 
authorities under the ISDEAA. The primary OTSG functions are to: (1) 
Serve as the primary liaison and advocate for Tribes participating in 
the TSGP, (2) develop, direct, and implement TSGP policies and 
procedures, (3) provide information and technical assistance to Self-
Governance Tribes, and (4) advise the IHS Director on compliance with 
TSGP policies, regulations, and guidelines. Each IHS Area has an Agency 
Lead Negotiator (ALN), designated by the IHS Director to act on his or 
her behalf, who has authority to negotiate Self-Governance Compacts and 
Funding Agreements (FA). Prospective Tribes interested in participating 
in the TSGP should contact their respective ALN to begin the Self-
Governance planning process. Also, Tribes currently participating in 
the TSGP, who are interested in expanding existing or adding new PSFAs, 
should also contact their respective ALN to discuss the best methods 
for expanding or adding new PSFAs.

Purpose

    The purpose of this Negotiation Cooperative Agreement is to provide 
Tribes with resources to help defray the costs associated with 
preparing for and engaging in TSGP negotiations. TSGP

[[Page 16878]]

negotiations are a dynamic, evolving, and tribally driven process that 
requires careful planning, preparation and sharing of precise, up-to-
date information by both Tribal and Federal parties. Because each 
Tribal situation is unique, a Tribe's successful transition into the 
TSGP, or expansion of their current program, requires focused 
discussions between the Federal and Tribal negotiation teams about the 
Tribe's specific health care concerns and plans. One of the hallmarks 
of the TSGP is the collaborative nature of the negotiations process, 
which is designed to: (1) Enable a Tribe to set its own priorities when 
assuming responsibility for IHS PSFAs, (2) observe and respect the 
Government-to-Government relationship between the U.S. and each Tribe, 
and (3) involve the active participation of both Tribal and IHS 
representatives, including the OTSG. Negotiations are a method of 
determining and agreeing upon the terms and provisions of a Tribe's 
Compact and FA, the implementation documents required for the Tribe to 
enter into the TSGP. The Compact sets forth the general terms of the 
Government-to-Government relationship between the Tribe and the 
Secretary of the U.S. Department of Health and Human Services (HHS). 
The FA: (1) Describes the length of the agreement (whether it will be 
annual or multi-year), (2) identifies the PSFAs, or portions thereof, 
the Tribe will assume, (3) specifies the amount of funding associated 
with the Tribal assumption, and (4) includes terms required by Federal 
statute and other terms agreed to by the parties. Both documents are 
required to participate in the TSGP and they are mutually negotiated 
agreements that become legally binding and mutually enforceable after 
both parties sign the documents. Either document can be renegotiated at 
the request of the Tribe.
    The negotiations process has four major stages, including: (1) 
Planning, (2) pre-negotiations, (3) negotiations, and (4) post-
negotiations. Title V of the ISDEAA requires that a Tribe or Tribal 
organization complete a planning phase to the satisfaction of the 
Tribe. The planning phase must include legal and budgetary research and 
internal Tribal Government planning and organizational preparation 
relating to the administration of health care programs. See 25 U.S.C. 
5383(d). The planning phase is critical to negotiations and helps 
Tribes make informed decisions about which PSFAs to assume and what 
organizational changes or modifications are necessary to support those 
PSFAs. A thorough planning phase improves timeliness and efficient 
negotiations and ensures that the Tribe is fully prepared to assume the 
transfer of IHS PSFAs to the Tribal health program.
    During pre-negotiations, the Tribal and Federal negotiation teams 
review and discuss issues identified during the planning phase. Pre-
negotiations provide an opportunity for the Tribe and the IHS to 
identify and discuss issues directly related to the Tribe's Compact, FA 
and Tribal shares. They may take the form of a formal meeting or a 
series of informal meetings or conference calls.
    In advance of final negotiations, the Tribe should work with the 
IHS to secure the following: (1) Program titles and descriptions, (2) 
financial tables and information, (3) information related to the 
identification and justification of residuals, and (4) the basis for 
determining Tribal shares (distribution formula). The Tribe may also 
wish to discuss financial materials that show estimated funding for 
next year, and the increases or decreases in funding it may receive in 
the current year, as well as the basis for those changes.
    Having reviewed the draft documents and funding tables, at final 
negotiations both negotiation teams work together in good faith to 
determine and agree upon the terms and provisions of the Tribe's 
Compact and FA. Negotiations are not an allocation process; they 
provide an opportunity to mutually review and discuss budget and 
program issues. As issues arise, both negotiations teams work through 
the issues to reach agreement on the final documents.
    There are various entities involved throughout the negotiations 
process. For example, a Tribal government selects its representative(s) 
for negotiations and the Tribal negotiations team, which may include a 
Tribal leader from the governing body, a Tribal health director, 
technical and program staff, legal counsel, and other consultants. 
Regardless of the composition of the Tribal team, Tribal 
representatives must have decision making authority from the Tribal 
governing body to successfully negotiate and agree to the provisions 
within the agreements. The Federal negotiations team is led by the ALN 
and may include area and headquarters staff, including staff from the 
OTSG, the Office of Finance and Accounting, and the Office of the 
General Counsel. The ALN is the only member of the Federal negotiations 
team with delegated authority to negotiate on behalf of the IHS 
Director. The ALN is the designated official that provides Tribes with 
Self-Governance information, assists Tribes in planning, organizes 
meetings between the Tribe and the IHS, and coordinates the Agency's 
response to Tribal questions during the negotiations process. The ALN 
role requires detailed knowledge of the IHS, awareness of current 
policy and practice, and understanding of the rights and authorities 
available to a Tribe under Title V of the ISDEAA.
    In post-negotiations, after the Compact, FA and all negotiations 
are complete, the documents are signed by the authorizing Tribal 
official and submitted to the ALN who reviews the final package to 
ensure each document accurately reflects what was negotiated. Once the 
ALN completes this review, then the final package is submitted to the 
OTSG to be prepared for the IHS Director's signature, provided that no 
outstanding issues delay or prevent signature. After the Compact and FA 
have been signed by both parties, they become legally binding and 
enforceable agreements. A signed Compact and FA are necessary for the 
payment process to begin. The negotiating Tribe then becomes a ``Self-
Governance Tribe'' and a participant in the TSGP.
    Acquiring a Negotiation Cooperative Agreement is not a prerequisite 
to enter the TSGP. A Tribe may use other resources to develop and 
negotiate its Compact and FA. See 42 CFR 137.26. Tribes that receive a 
Negotiation Cooperative Agreement are not obligated to participate in 
Title V and may choose to delay or decline participation or expansion 
in the TSGP.

Limited Competition Justification

    There is limited competition under this announcement because the 
authorizing legislation restricts eligibility to Tribes that meet 
specific criteria identified in Section III. Eligibility Criteria, 1. 
Eligibility, A. See 25 U.S.C. 5383(e); 42 CFR 137.10 and 42 CFR 137.24-
26.

II. Award Information

Type of Award

    Cooperative Agreement.

Estimated Funds Available

    The total amount of funding identified for the current fiscal year 
(FY) 2018 is approximately $240,000. Individual award amounts are 
anticipated to be $48,000. The amount of funding available for awards 
issued under this announcement are subject to the availability of 
appropriations and budgetary priorities of the Agency. The IHS is under 
no obligation to make awards that are selected for funding under this 
announcement.

[[Page 16879]]

Anticipated Number of Awards

    Approximately five awards will be issued under this program 
announcement.

Period of Performance

    The period of performance is for one year and runs from July 15, 
2018, to July 14, 2019.

Cooperative Agreement

    Cooperative agreements awarded by the Department of Health and 
Human Services (HHS) are administered under the same policies as a 
grant. However, the IHS is required to have substantial programmatic 
involvement in the project during the entire award segment. Below is a 
detailed description of the level of involvement required for both the 
IHS and the grantee. The IHS will be responsible for activities listed 
under section A and the grantee will be responsible for activities 
listed under section B as stated:

Substantial Involvement Description for the Cooperative Agreement

A. IHS Programmatic Involvement
    (1) Provide descriptions of PSFAs and associated funding at all 
organizational levels (Service Unit, Area, and Headquarters), including 
funding formulas and methodologies related to determining Tribal 
shares.
    (2) Meet with Negotiation Cooperative Agreement recipients to 
provide program information and discuss methods currently used to 
manage and deliver health care.
    (3) Identify and provide statutes, regulations, and policies that 
provide authority for administering IHS programs.
    (4) Provide technical assistance on the IHS budget, Tribal shares, 
and other topics as needed.
B. Grantee Cooperative Agreement Award Activities
    (1) Determine the PSFAs that will be negotiated into the Tribe's 
Compact and FA. Prepare and discuss each Program, Service Function and 
Activity in comparison to the current level of services provided so 
that an informed decision can be made on new or expanded program 
assumption.
    (2) Identify Tribal shares associated with the PSFAs that will be 
included in the FA.
    (3) Develop the terms and conditions that will be set for in both 
the Compact and FA to submit to the ALN prior to negotiations.

III. Eligibility Information

1. Eligibility

    To be eligible for the New Limited Competition Negotiation 
Cooperative Agreement under this announcement, an applicant must:
    (A) Be an ``Indian Tribe'' as defined in 25 U.S.C. 5304(e); a 
``Tribal Organization'' as defined in 25 U.S.C. 5304(l); or an ``Inter-
Tribal Consortium: as defined at 42 CFR 137.10. 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. See Consolidated Appropriations Act, 2014, Public Law 113-76. 
By statute, the Native Village of Eyak, Eastern Aleutian Tribes, and 
the Council for Athabascan Tribal Governments have also been deemed 
Alaska Native regional health entities and therefore are eligible to 
apply. Those Alaska Tribes not represented by a Self-Governance Tribal 
consortium FA within their area may still be considered to participate 
in the TSGP.
    (B) Submit Tribal resolution(s) from the appropriate governing body 
of each Indian Tribe to be served by the ISDEAA Compact authorizing the 
submission of the Negotiation Cooperative Agreement. Tribal consortia 
applying for a TSGP Negotiation Cooperative Agreement shall submit 
Tribal Council resolutions from each Tribe in the consortium. Tribal 
resolutions can be attached to the electronic online application.
    (C) Demonstrate for three fiscal years, financial stability and 
financial management capability. The Indian Tribe must provide evidence 
that, for the three fiscal years prior to requesting participation in 
the TSGP, the Indian Tribe has had no uncorrected significant and 
material audit exceptions in the required annual audit of the Indian 
Tribe's Self-Determination Contracts or Self-Governance FAs with any 
Federal Agency. See 25 U.S.C. 5383; 42 CFR 137.15-23.
    For Tribes or Tribal organizations (T/TO) that expended $750,000 or 
more ($500,000 for fiscal years ending after December 31, 2003) in 
Federal awards, the OTSG shall retrieve the audits directly from the 
Federal Audit Clearinghouse.
    For T/TO that expended less than $750,000 ($500,000 for fiscal 
years ending after December 31, 2003) in Federal awards, the T/TO must 
provide evidence of the program review correspondence from IHS or 
Bureau of Indian Affairs officials. See 42 CFR 137.21-23.
    Meeting the eligibility criteria for a Negotiation Cooperative 
Agreement does not mean that a Tribe/Tribal Organization is eligible 
for participation in the IHS TSGP under Title V of the ISDEAA. See 25 
U.S.C. 5383; 42 CFR 137.15-23. For additional information on the 
eligibility for the IHS TSGP, please visit the ``Eligibility and 
Funding'' page on the OTSG website located at: http://www.ihs.gov/SelfGovernance.

    Note: Please refer to Section IV.2 (Application and Submission 
Information/Subsection 2, Content and Form of Application 
Submission) for additional proof of applicant status documents 
required, such as Tribal resolutions, proof of non-profit status, 
etc.

2. Cost Sharing or Matching

    The IHS does not require matching funds or cost sharing for grants 
or cooperative agreements.

3. Other Requirements

    If application budgets exceed the highest dollar amount outlined 
under the ``Estimated Funds Available'' section within this funding 
announcement, the application will be considered ineligible and will 
not be reviewed for further consideration. If deemed ineligible, the 
IHS will not return the application. The applicant will be notified by 
email by the Division of Grants Management (DGM) of this decision.
Tribal Resolution(s)
    Submit Tribal resolution(s) from the appropriate governing body of 
the Indian Tribe to be served by the ISDEAA Compact authorizing the 
submission of a Negotiation Cooperative Agreement application. Tribal 
consortia applying for a TSGP Negotiation Cooperative Agreement shall 
submit Tribal Council resolutions from each Tribe in the consortium. 
Tribal resolutions can be attached to the electronic online 
application.
    An official signed Tribal resolution must be received by the DGM 
prior to a Notice of Award (NoA) being issued to any applicant selected 
for funding. However, if an official signed Tribal resolution cannot be 
submitted with the electronic application submission prior to the 
official application deadline date, then a draft Tribal resolution is 
acceptable and must be submitted by the deadline in order for the 
application to be considered complete and eligible for review. The 
draft Tribal resolution is not in lieu of the required signed 
resolution, but is acceptable until a signed resolution is received. If 
an official signed Tribal resolution is not

[[Page 16880]]

received by DGM when funding decisions are made, then a (NoA) will not 
be issued to that applicant and they will not receive any IHS funds 
until such time as they have submitted a signed resolution to the 
Grants Management Specialist listed in this Funding Announcement.
    An applicant submitting Tribal resolution(s) after the initial 
application submission due date is required to ensure the information 
was received by the IHS by obtaining documentation confirming delivery 
(i.e., FedEx tracking, postal return receipt, etc.).

IV. Application and Submission Information

1. Obtaining Application Materials

    The application package and detailed instructions for this 
announcement can be found at: http://www.Grants.gov or http://www.ihs.gov/dgm/funding/.
    Questions regarding the electronic application process may be 
directed to Mr. Paul Gettys at (301) 443-2114 or (301) 443-5204.

2. Content and Form Application Submission

    The applicant must include the project narrative as an attachment 
to the application package. Mandatory documents for all applicants 
include:
     Table of contents.
     Abstract (one page) summarizing the project.
     Application forms:
    [cir] SF-424, Application for Federal Assistance.
    [cir] SF-424A, Budget Information--Non-Construction Programs.
    [cir] SF-424B, Assurances--Non-Construction Programs.
    Line Item Budget and Narrative (must be single-spaced and not 
exceed five pages).
     Project Narrative (must be single-spaced and not exceed 
ten pages).
    [cir] Background information on the organization.
    [cir] Proposed scope of work, objectives, and activities that 
provide a description of what will be accomplished, including a one-
page Timeframe Chart.
     Tribal Resolution(s).
     Letters of Support from organization's Board of Directors.
     501(c)(3) Certificate (if applicable).
     Biographical sketches for all Key Personnel.
     Contractor/Consultant resumes or qualifications and scope 
of work.
     Disclosure of Lobbying Activities (SF-LLL).
     Certification Regarding Lobbying (GG-Lobbying Form).
     Copy of current Negotiated Indirect Cost rate (IDC) 
agreement (required in order to receive IDC).
     Organizational Chart (optional).
     Documentation of current Office of Management and Budget 
(OMB) Financial Audit.
    Acceptable forms of documentation include:
    [cir] Email confirmation from Federal Audit Clearinghouse (FAC) 
that audits were submitted; or
    [cir] Face sheets from audit reports. These can be found on the FAC 
website: https://harvester.census.gov/facdissem/Main.aspx.
Public Policy Requirements
    All Federal wide public policies apply to IHS grants and 
cooperative agreements with exception of the Discrimination Policy.
Requirements for Project and Budget Narratives
    A. Project Narrative: This narrative should be a separate Word 
document that is not to exceed ten pages and must be single-spaced, 
type written, have consecutively numbered pages, use black type not 
smaller than 12 points, and be printed on one side only of standard 
size 8\1/2\ x 11 paper.
    Be sure to succinctly answer all questions listed under the 
evaluation criteria (refer to Section V.1, Evaluation criteria in this 
announcement) and place all responses and required information in the 
correct section (noted below), or they will not be considered or 
scored. These narratives will assist the Objective Review Committee 
(ORC) in becoming familiar with the applicant's activities and 
accomplishments prior to this possible cooperative agreement award. If 
the narrative exceeds the page limit, then only the first ten pages 
will be reviewed. The ten page limit for the narrative does not include 
the work plan, standard forms, Tribal resolutions, table of contents, 
budget, budget justifications, narratives, and/or other appendix items.
    There are three parts to the narrative: Part A--Program 
Information; Part B--Program Planning and Evaluation; and Part C--
Program Report. See below for additional details about what must be 
included in the narrative.
    The page limitations below are for each narrative and budget 
submitted.
Part A: Program Information (4 page limit)
Section 1: Needs
Introduction and Need for Assistance

    Demonstrate that the Tribe has conducted previous Self-Governance 
planning activities by clearly stating the results of what was learned 
during the planning process. Explain how the Tribe has determined it 
has the: (1) Knowledge and expertise to assume or expand PSFAs, and (2) 
the administrative infrastructure to support the assumption of PSFAs. 
Identify the need for assistance and how the Negotiation Cooperative 
Agreement would benefit the health activities the Tribe is preparing to 
assume or expand.
Part B: Program Planning and Evaluation (4 page limit)
Section 1: Program Plans
Project Objective(s), Work Plan and Approach

    State in measureable terms the objectives and appropriate 
activities to achieve the following Negotiation Cooperative Agreement 
recipient award activities:
    (A) Determine the PSFAs that will be negotiated into the Tribe's 
Compact and FA. Prepare and discuss each Program, Service, Function, 
and Activity in comparison to the current level of services provided so 
that an informed decision can be made on new or expanded program 
assumption.
    (B) Identify Tribal shares associated with the PSFAs that will be 
included in the FA.
    (C) Develop the terms and conditions that will be set forth in both 
the Compact and FA to submit to the ALN prior to negotiations.
    (D) Describe fully and clearly how the Tribe's proposal will result 
in an improved approach to managing the PSFAs to be assumed or 
expanded. Include how the Tribe plans to demonstrate improved health 
services to the community and incorporate the proposed timelines for 
negotiations.

Organizational Capabilities, Key Personnel, and Qualifications

    Describe the organizational structure of the Tribe and its ability 
to manage the proposed project. Include resumes or position 
descriptions of key staff showing requisite experience and expertise. 
If applicable, include resumes and scope of work for consultants that 
demonstrate experience and expertise relevant to the project.

Section 2: Program Evaluation

    Describe fully and clearly how the improvements that will be made 
by the Tribe to manage the health care system and identify the 
anticipated or expected benefits for the Tribe. Define the criteria to 
be used to evaluate objectives associated with the project.
Part C: Program Report (2 page limit)
    Section 1: Describe major accomplishments over the last 24 months 
associated with the goals of this announcement. Please identify and 
describe significant health related

[[Page 16881]]

program accomplishments associated with the delivery of quality health 
services. This section should highlight major program achievements over 
the last 24 months.
    Section 2: Describe major activities over the last 24 months. 
Please provide an overview of significant program activities associated 
with the delivery of quality health services over the last 24 months. 
This section should address significant program activities and include 
those related to the accomplishments listed in the previous section.
B. Budget Narrative (5 page limit)
    This narrative must include a line item budget with a narrative 
justification for all expenditures identifying reasonable allowable, 
allocable costs necessary to accomplish the goals and objectives as 
outlined in the project narrative. Budget should match the scope of 
work described in the project narrative.

3. Submission Dates and Times

    Applications must be submitted electronically through Grants.gov by 
11:59 p.m. Eastern Daylight Time (EDT) on the Application Deadline Date 
listed in the Key Dates section on page one of this announcement. Any 
application received after the application deadline will not be 
accepted for processing, nor will it be given further consideration for 
funding. Grants.gov will notify the applicant via email if the 
application is rejected.
    If technical challenges arise and assistance is required with the 
electronic application process, contact Grants.gov Customer Support via 
email to [email protected] or at (800) 518-4726. Customer Support is 
available to address questions 24 hours a day, 7 days a week (except on 
Federal holidays). If problems persist, contact Mr. Gettys 
([email protected]), DGM Grant Systems Coordinator, by telephone at 
(301) 443-2114 or (301) 443-5204. Please be sure to contact Mr. Gettys 
at least ten days prior to the application deadline. Please do not 
contact the DGM until you have received a Grants.gov tracking number. 
In the event you are not able to obtain a tracking number, call the DGM 
as soon as possible.

4. Intergovernmental Review

    Executive Order 12372 requiring intergovernmental review is not 
applicable to this program.

5. Funding Restrictions

     Pre-award costs are not allowable.
     The available funds are inclusive of direct and 
appropriate indirect costs.
     Tribes can apply for a Planning Cooperative Agreement and 
a Negotiation Cooperative Agreement in the same cycle, so long as the 
project proposals are different for each application. Tribes cannot 
apply for both the Planning Cooperative Agreement and the Negotiation 
Cooperative Agreement within the same grant cycle with the same 
proposed project.
     Only one Negotiation grant/cooperative agreement will be 
awarded per applicant per grant cycle under this announcement.
     IHS will not acknowledge receipt of applications.

6. Electronic Submission Requirements

    All applications must be submitted electronically. Please use the 
http://www.Grants.gov website to submit an application electronically 
and select the ``Search Grants'' link on the homepage. Follow the 
instructions for submitting an application under the Package tab. 
Electronic copies of the application may not be submitted as 
attachments to email messages addressed to IHS employees or offices.
Waiver Request
    If the applicant needs to submit a paper application instead of 
submitting electronically through Grants.gov, a waiver must be 
requested. Prior approval must be requested and obtained from Mr. 
Robert Tarwater, Director, DGM, (see Section IV.6 below for additional 
information). A written waiver request must be sent to 
[email protected] with a copy to [email protected]. The waiver 
must: (1) Be documented in writing (emails are acceptable), before 
submitting a paper application, and (2) include clear justification for 
the need to deviate from the required electronic grants submission 
process.
    Once the waiver request has been approved, the applicant will 
receive a confirmation of approval email containing submission 
instructions and the mailing address to submit the application. A copy 
of the written approval must be submitted along with the hardcopy of 
the application that is mailed to DGM. Paper applications that are 
submitted without a copy of the signed waiver from the Director of the 
DGM will not be reviewed or considered for funding. The applicant will 
be notified via email of this decision by the Grants Management Officer 
of the DGM. Paper applications must be received by the DGM no later 
than 5:00 p.m., EDT, on the Application Deadline Date listed in the Key 
Dates section on page one of this announcement. Late applications will 
not be accepted for processing or considered for funding. Applicants 
that do not adhere to the timelines for System for Award Management 
(SAM) and/or http://www.Grants.gov registration or that fail to request 
timely assistance with technical issues will not be considered for a 
waiver to submit a paper application.
    Please be aware of the following:
     Please search for the application package in http://www.Grants.gov by entering the CFDA number or the Funding Opportunity 
Number. Both numbers are located in the header of this announcement.
     If you experience technical challenges while submitting 
your application electronically, please contact Grants.gov support 
directly at: [email protected] or (800) 518-4726. Customer Support is 
available to address questions 24 hours a day, 7 days a week (except on 
Federal holidays).
     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 from the agency must be 
obtained.
     Applicants are strongly encouraged not to wait until the 
deadline date to begin the application process through Grants.gov as 
the registration process for SAM and Grants.gov could take up to 
fifteen working days.
     Please use the optional attachment feature in Grants.gov 
to attach additional documentation that may be requested by the DGM.
     All applicants must comply with any page limitation 
requirements described in this funding announcement.
     After electronically submitting the application, the 
applicant will receive an automatic acknowledgment from Grants.gov that 
contains a Grants.gov tracking number. The DGM will download the 
application from Grants.gov and provide necessary copies to the 
appropriate agency officials. Neither the DGM nor the OTSG will notify 
the applicant that the application has been received.
     Email applications will not be accepted under this 
announcement.
Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
    All IHS applicants and grantee organizations are required to obtain 
a DUNS number and maintain an active registration in the SAM database. 
The DUNS number is a unique 9-digit identification number provided by 
D&B which uniquely identifies each entity. The DUNS number is site 
specific; therefore, each distinct performance site

[[Page 16882]]

may be assigned a DUNS number. Obtaining a DUNS number is easy, and 
there is no charge. To obtain a DUNS number, you may access it through 
http://fedgov.dnb.com/webform, or to expedite the process, call (866) 
705-5711.
    All HHS recipients are required by the Federal Funding 
Accountability and Transparency Act of 2006, as amended (``Transparency 
Act''), to report information on sub-awards. Accordingly, all IHS 
grantees must notify potential first-tier sub-recipients that no entity 
may receive a first-tier sub-award unless the entity has provided its 
DUNS number to the prime grantee organization. This requirement ensures 
the use of a universal identifier to enhance the quality of information 
available to the public pursuant to the Transparency Act.
System for Award Management (SAM)
    Organizations that were not registered with Central Contractor 
Registration and have not registered with SAM will need to obtain a 
DUNS number first and then access the SAM online registration through 
the SAM home page at: https://www.sam.gov (U.S. organizations will also 
need to provide an Employer Identification Number from the Internal 
Revenue Service that may take an additional 2-5 weeks to become 
active). Completing and submitting the registration takes approximately 
one hour to complete and SAM registration will take 3-5 business days 
to process. Registration with the SAM is free of charge. Applicants may 
register online at: https://www.sam.gov.
    Additional information on implementing the Transparency Act, 
including the specific requirements for DUNS and SAM, can be found on 
the IHS Grants Management, Grants Policy website: http://www.ihs.gov/dgm/policytopics/.

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. 
The ten page narrative section should be written in a manner that is 
clear to outside reviewers unfamiliar with prior related activities of 
the applicant. It should be well organized, succinct, and contain all 
information necessary for reviewers to understand the project fully. 
Points will be assigned to each evaluation criteria adding up to a 
total of 100 points. A minimum score of 60 points is required for 
funding. Points are assigned as follows:

1. Criteria

A. Introduction and Need for Assistance (25 points)
    Demonstrate that the Tribe has conducted previous Self-Governance 
planning activities by clearly stating the results of what was learned 
during the planning process. Explain how the Tribe has determined it 
has the: (1) Knowledge and expertise to assume or expand PSFAs, and (2) 
the administrative infrastructure to support the assumption of PSFAs. 
Identify the need for assistance and how the Negotiation Cooperative 
Agreement would benefit the health activities the Tribe is preparing to 
assume or expand.
B. Project Objective(s), Work Plan and Approach (25 points)
    State in measurable terms the objectives and appropriate activities 
to achieve the following Planning Cooperative Agreement recipient award 
activities:
    (1) Determine the PSFAs that will be negotiated into the Tribe's 
Compact and FA. Prepare and discuss each Program, Service, Function and 
Activity in comparison to the level of services provided so that an 
informed decision can be made on new or expanded program assumption.
    (2) Identify Tribal shares associated with the PSFAs that will be 
included in the FA.
    (3) Develop the terms and conditions that will be set forth in both 
the Compact and FA to submit to the ALN prior to negotiations. Clearly 
describe how the Tribe's proposal will result in an improved approach 
to managing the PSFAs to be assumed or expanded. Include how the Tribe 
plans to demonstrate improved health care services to the community and 
incorporate the proposed timelines for negotiations.
C. Program Evaluation (25 points)
    Describe fully the improvements that will be made by the Tribe to 
manage the health care system and identify the anticipated or expected 
benefits for the Tribe. Define the criteria to be used to evaluate 
objectives associated with the project.
D. Organizational Capabilities, Key Personnel and Qualifications (15 
points)
    Describe the organizational structure of the Tribe and its ability 
to manage the proposed project. Include resumes or position 
descriptions of key staff showing requisite experience and expertise. 
If applicable, include resumes and scope of work for consultants that 
demonstrate experience and expertise relevant to the project.
E. Categorical Budget and Budget Justification (10 points)
    Submit a budget with a narrative describing the budget request and 
matching the scope of work described in the project narrative. Justify 
all expenditures identifying reasonable and allowable costs necessary 
to accomplish the goals and objectives as outlined in the project 
narrative.
    Additional documents can be uploaded as Appendix Items in 
Grants.gov:
     Work plan, logic model and/or time line for proposed 
objectives.
     Position descriptions for key staff.
     Resumes of key staff that reflect current duties.
     Consultant or contractor proposed scope of work and letter 
of commitment (if applicable).
     Current Indirect Cost Agreement.
     Organizational chart.
     Map of area identifying project location(s).
     Additional documents to support narrative (i.e. data 
tables, key news articles, etc.).

2. Review and Selection

    Each application will be prescreened by the DGM staff for 
eligibility and completeness as outlined in the funding announcement. 
Applications that meet the eligibility criteria shall be reviewed for 
merit by the ORC based on evaluation criteria in this funding 
announcement. The ORC could be composed of both Tribal and Federal 
reviewers appointed by the IHS Program to review and make 
recommendations on these applications. The technical review process 
ensures selection of quality projects in a national competition for 
limited funding. Incomplete applications and applications that are non-
responsive to the eligibility criteria will not be referred to the ORC. 
The applicant will be notified via email of this decision by the Grants 
Management Officer of the DGM. Applicants will be notified by DGM, via 
email, to outline minor missing components (i.e., budget narratives, 
audit documentation, key contact form) needed for an otherwise complete 
application. All missing documents must be sent to DGM on or before the 
due date listed in the email of notification of missing documents 
required.
    To obtain a minimum score for funding by the ORC, applicants must 
address all program requirements and provide all required 
documentation.

[[Page 16883]]

VI. Award Administration Information

1. Award Notices

    The NoA is a legally binding document signed by the Grants 
Management Officer and serves as the official notification of the grant 
award. The NoA will be initiated by the DGM in our grant system, 
GrantSolutions (https://www.grantsolutions.gov). Each entity that is 
approved for funding under this announcement will need to request or 
have a user account in GrantSolutions in order to retrieve their NoA. 
The NoA is the authorizing document for which funds are dispersed to 
the approved entities and reflects 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/period of performance.
Disapproved Applicants
    Applicants who received a score less than the recommended funding 
level for approval, 60 and were deemed to be disapproved by the ORC, 
will receive an Executive Summary Statement from the OTSG within 30 
days of the conclusion of the ORC outlining the strengths and 
weaknesses of their application. The summary statement will be sent to 
the Authorized Organizational Representative that is identified on the 
face page (SF-424) of the application. The OTSG will also provide 
additional contact information as needed to address questions and 
concerns as well as provide technical assistance if desired.
Approved but Unfunded Applicants
    Approved but unfunded applicants that met the minimum scoring range 
and were deemed by the ORC to be ``Approved,'' but were not funded due 
to lack of funding, will have their applications held by DGM for a 
period of one year. If additional funding becomes available during the 
course of FY 2018 the approved but unfunded application may be re-
considered by the OTSG for possible funding. The applicant will also 
receive an Executive Summary Statement from the OTSG within 30 days of 
the conclusion of the ORC.

    Note: Any correspondence other than the official NoA signed by 
an IHS grants management official announcing to the project director 
that an award has been made to their organization is not an 
authorization to implement their program on behalf of the IHS.

2. Administrative Requirements

    Cooperative agreements are administered in accordance with the 
following regulations and policies:
    A. The criteria as outlined in this program announcement.
    B. Administrative Regulations for Grants:
     Uniform Administrative Requirements for HHS Awards, 
located at 45 CFR part 75, located on the U.S. Government Publishing 
Office website at: http://www.ecfr.gov/cgi-bin/text-idx?node=pt45.1.75.
    C. Grants Policy:
     HHS Grants Policy Statement, Revised 01/07, located at: 
http://www.hhs.gov/sites/default/files/grants/grants/policies-regulations/hhsgps107.pdf.
    D. Cost Principles:
     Uniform Administrative Requirements for HHS Awards, ``Cost 
Principles,'' located at 45 CFR part 75, subpart E.
    E. Audit Requirements:
     Uniform Administrative Requirements for HHS Awards, 
``Audit Requirements,'' located at 45 CFR part 75, subpart F.

3. Indirect Costs

    This section applies to all grant recipients that request 
reimbursement of indirect costs (IDC) in their grant application. In 
accordance with HHS Grants Policy Statement, Part II-27, IHS requires 
applicants to obtain a current IDC rate agreement 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 covers the applicable grant activities under the current 
award's budget period. If the current rate is not on file with the DGM 
at the time of award, the IDC portion of the budget will be restricted. 
The restrictions remain in place until the current rate is provided to 
the DGM.
    Generally, IDC rates for IHS grantees are negotiated with the 
Division of Cost Allocation (DCA) https://rates.psc.gov/ and the 
Department of the Interior (Interior Business Center) https://www.doi.gov/ibc/services/finance/indirect-Cost-Services/indian-tribes. 
For questions regarding the indirect cost policy, please call the 
Grants Management Specialist listed under ``Agency Contacts'' or the 
main DGM office at (301) 443-5204.

4. Reporting Requirements

    The grantee must submit required 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 non-funding or non-
award of other eligible projects or activities. This requirement 
applies whether the delinquency is attributable to the failure of the 
grantee organization or the individual responsible for preparation of 
the reports. Per DGM policy, all reports are required to be submitted 
electronically by attaching them as a ``Grant Note'' in GrantSolutions. 
Personnel responsible for submitting reports will be required to obtain 
a login and password for GrantSolutions. Please see the Agency Contacts 
list in section VII for the systems contact information.
    The reporting requirements for this program are noted below.
A. Progress Reports
    Program progress reports are required semi-annually. These reports 
must include a brief comparison of actual accomplishments to the goals 
established for the six month period, a summary of progress to date or, 
if applicable, provide sound justification for the lack of progress, 
and other pertinent information as required by the program office. A 
final report must be submitted within 90 days of expiration of the 
budget or period of performance.
B. Financial Reports
    Federal Financial Report (FFR or SF-425), Cash Transaction Reports 
are due 30 days after the close of every calendar quarter to the 
Payment Management Services, HHS at: https://pms.psc.gov. It is 
recommended that the applicant also send a copy of the FFR (SF-425) 
report to the Grants Management Specialist. Failure to submit timely 
reports may cause a disruption in timely payments to the organization.
    Grantees are responsible and accountable for accurate information 
being reported on all required reports: The Progress Reports and 
Federal Financial Report.
C. Federal Sub-Award Reporting System (FSRS)
    This award may be subject to the Transparency Act sub-award and 
executive compensation reporting requirements of 2 CFR part 170.
    The Transparency Act requires the OMB to establish a single 
searchable

[[Page 16884]]

database, accessible to the public, with information on financial 
assistance awards made by Federal agencies. The Transparency Act also 
includes a requirement for recipients of Federal grants to report 
information about first-tier sub-awards and executive compensation 
under Federal assistance awards.
    IHS has implemented a Term of Award into all IHS Standard Terms and 
Conditions, NoAs and funding announcements regarding the FSRS reporting 
requirement. This IHS Term of Award is applicable to all IHS grant and 
cooperative agreements issued on or after October 1, 2010, with a 
$25,000 sub-award obligation dollar threshold met for any specific 
reporting period. Additionally, all new (discretionary) IHS awards 
(where the period of performance is made up of more than one budget 
period) and where: (1) The period of performance start date was October 
1, 2010 or after, and (2) the primary awardee will have a $25,000 sub-
award obligation dollar threshold during any specific reporting period 
will be required to address the FSRS reporting.
    For the full IHS award term implementing this requirement and 
additional award applicability information, visit the DGM Grants Policy 
website at: http://www.ihs.gov/dgm/policytopics/.
D. Compliance With Executive Order 13166 Implementation of Services
Accessibility Provisions for All Grant Application Packages and Funding 
Opportunity Announcements
    Recipients of Federal financial assistance (FFA) from HHS must 
administer their programs in compliance with Federal civil rights law. 
This means that recipients of HHS funds must ensure equal access to 
their programs without regard to a person's race, color, national 
origin, disability, age and, in some circumstances, sex and religion. 
This includes ensuring your programs are accessible to persons with 
limited English proficiency. HHS provides guidance to recipients of FFA 
on meeting their legal obligation to take reasonable steps to provide 
meaningful access to their programs by persons with limited English 
proficiency. Please see http://www.hhs.gov/civil-rights/for-individuals/special-topics/limited-english-proficiency/guidance-federal-financial-assistance-recipients-title-VI/.
    The HHS Office for Civil Rights (OCR) also provides guidance on 
complying with civil rights laws enforced by HHS. Please see http://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html; and 
http://www.hhs.gov/civil-rights/index.html. Recipients of FFA also have 
specific legal obligations for serving qualified individuals with 
disabilities. Please see http://www.hhs.gov/civil-rights/for-individuals/disability/index.html. Please contact the HHS OCR for more 
information about obligations and prohibitions under Federal civil 
rights laws at: https://www.hhs.gov/ocr/about-us/contact-us/index.html 
or call (800) 368-1019 or TDD (800) 537-7697. Also note it is an HHS 
Departmental goal to ensure access to quality, culturally competent 
care, including long-term services and supports, for vulnerable 
populations. For further guidance on providing culturally and 
linguistically appropriate services, recipients should review the 
National Standards for Culturally and Linguistically Appropriate 
Services in Health and Health Care at: https://minorityhealth.hhs.gov/omh/browse.aspx?lvl=2&lvlid=53.
    Pursuant to 45 CFR 80.3(d), an individual shall not be deemed 
subjected to discrimination by reason of his/her exclusion from 
benefits limited by Federal law to individuals eligible for benefits 
and services from the IHS.
    Recipients will be required to sign the HHS-690 Assurance of 
Compliance form which can be obtained from the following website: 
http://www.hhs.gov/sites/default/files/forms/hhs-690.pdf, and send it 
directly to the: U.S. Department of Health and Human Services, Office 
of Civil Rights, 200 Independence Avenue SW, Washington, DC 20201.
E. Federal Awardee Performance and Integrity Information System 
(FAPIIS)
    The IHS is required to review and consider any information about 
the applicant that is in the Federal Awardee Performance and Integrity 
Information System (FAPIIS) before making any award in excess of the 
simplified acquisition threshold (currently $150,000) over the period 
of performance. An applicant may review and comment on any information 
about itself that a Federal awarding agency previously entered. IHS 
will consider any comments by the applicant, in addition to other 
information in FAPIIS in making a judgment about the applicant's 
integrity, business ethics, and record of performance under Federal 
awards when completing the review of risk posed by applicants as 
described in 45 CFR 75.205.
    As required by 45 CFR part 75 Appendix XII of the Uniform Guidance, 
non-Federal entities (NFEs) are required to disclose in FAPIIS any 
information about criminal, civil, and administrative proceedings, and/
or affirm that there is no new information to provide. This applies to 
NFEs that receive Federal awards (currently active grants, cooperative 
agreements, and procurement contracts) greater than $10,000,000 for any 
period of time during the period of performance of an award/project.
Mandatory Disclosure Requirements
    As required by 2 CFR part 200 of the Uniform Guidance, and the HHS 
implementing regulations at 45 CFR part 75, effective January 1, 2016, 
the IHS must require a non-Federal entity or an applicant for a Federal 
award to disclose, in a timely manner, in writing to the IHS or pass-
through entity all violations of Federal criminal law involving fraud, 
bribery, or gratuity violations potentially affecting the Federal 
award.
    Submission is required for all applicants and recipients, in 
writing, to the IHS and to the HHS Office of Inspector General all 
information related to violations of Federal criminal law involving 
fraud, bribery, or gratuity violations potentially affecting the 
Federal award. 45 CFR 75.113.
    Disclosures must be sent in writing to:

U.S. Department of Health and Human Services, Indian Health Service, 
Division of Grants Management, ATTN: Robert Tarwater, Director, 5600 
Fishers Lane, Mail Stop: 09E70, Rockville, MD 20857, (Include 
``Mandatory Grant Disclosures'' in subject line), Office: (301) 443-
5204, Fax: (301) 594-0899, Email: [email protected].

AND

U.S. Department of Health and Human Services, Office of Inspector 
General, ATTN: Mandatory Grant Disclosures, Intake Coordinator, 330 
Independence Avenue SW, Cohen Building, Room 5527, Washington, DC 
20201, URL: http://oig.hhs.gov/fraud/report-fraud/index.asp, (Include 
``Mandatory Grant Disclosures'' in subject line), Fax: (202) 205-0604 
(Include ``Mandatory Grant Disclosures'' in subject line) or Email: 
[email protected].

    Failure to make required disclosures can result in any of the 
remedies described in 45 CFR 75.371 Remedies for noncompliance, 
including suspension or debarment (See 2 CFR parts 180 & 376 and 31 
U.S.C. 3321).

VII. Agency Contacts

    1. Questions on the programmatic issues may be directed to: Roxanne

[[Page 16885]]

Houston, Program Officer, Office of Tribal Self-Governance, 5600 
Fishers Lane, Mail Stop: 08E05, Rockville, MD 20857, Phone: (301) 443-
7821, Email: [email protected], website: http://www.ihs.gov/self-governance.
    2. Questions on grants management and fiscal matters may be 
directed to: Vanietta Armstrong, Grants Management Specialist, 5600 
Fishers Lane, Mail Stop: 09E70, Rockville, MD 20857, Phone: (301) 443-
4792, Fax: (301) 594-0899, Email: [email protected].
    3. Questions on systems matters may be directed to: Paul Gettys, 
Grant Systems Coordinator, 5600 Fishers Lane, Mail Stop: 09E70, 
Rockville, MD 20857, Phone: (301) 443-2114; or the DGM main line (301) 
443-5204, Fax: (301) 594-0899, Email: [email protected].

VIII. Other Information

    The Public Health Service 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 HHS mission to protect and advance the physical and 
mental health of the American people.

    Dated: April 5, 2018.
Michael D. Weahkee,
Assistant Surgeon General, U.S. Public Health Service, Acting Director, 
Indian Health Service.
[FR Doc. 2018-07941 Filed 4-16-18; 8:45 am]
 BILLING CODE 4165-16-P



                                                                              Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices                                          16877

                                                  During the second part of the forum,                 & Medicaid Services, Office of                        relationship between the United States
                                               the group will engage in an open                        Information Technology, Division of                   (U.S.) and Indian Tribes. Through the
                                               discussion about the roadmap themes                     National Standards, 7500 Security                     TSGP, Tribes negotiate with the IHS to
                                               and develop additional action items and                 Boulevard, Baltimore, Maryland, 21244,                assume Programs, Services, Functions,
                                               recommendations for the Secretary. The                  telephone (443) 615–1309. Summaries                   and Activities (PSFAs), or portions
                                               roadmap themes and their problem                        of meetings and a roster of Committee                 thereof, which gives Tribes the authority
                                               statements are listed below:                            members are available on the NCVHS                    to manage and tailor health care
                                                  1. Standards Development and update                  website: www.ncvhs.hhs.gov, where                     programs in a manner that best fits the
                                               process. Frequency of updates to                        further information including an agenda               needs of their communities.
                                               standards and operating rules is not                    and instructions to access the live audio                Participation in the TSGP affords
                                               aligned with industry business and                      broadcast of the meetings will also be                Tribes the most flexibility to tailor
                                               technical changes and does not enable                   posted.                                               health care PSFAs and is one of three
                                               covered entities, trading partners, or                     Should you require reasonable                      ways that Tribes can choose to obtain
                                               business associates to take advantage of                accommodation, please contact the CDC                 health care from the Federal
                                               developments in technology.                             Office of Equal Employment                            Government for their citizens.
                                                  2. Governance, or oversight of the                   Opportunity on (770) 488–3210 as soon                 Specifically, Tribes can choose to: (1)
                                               standards review process (currently the                 as possible.                                          Receive health care services directly
                                               Designated Standards Maintenance                                                                              from the IHS, (2) contract with the IHS
                                                                                                         Dated: April 10, 2018.
                                               Organization or DSMO process                                                                                  to administer individual programs and
                                               established through regulation). Current                Laina Bush,                                           services the IHS would otherwise
                                               coordinating body (i.e., the DSMO) is                   Deputy Assistant Secretary for Planning and           provide (referred to as Title I Self-
                                               charged with oversight of standards                     Evaluation, Office of the Assistant Secretary         Determination Contracting, and (3)
                                               revision priorities but may be operating                for Planning and Evaluation.
                                                                                                                                                             compact with the IHS to assume control
                                               with too narrow a charter or lacking the                [FR Doc. 2018–07926 Filed 4–16–18; 8:45 am]
                                                                                                                                                             over health care programs the IHS
                                               authority and resources to be effective.                BILLING CODE 4151–05–P                                would otherwise provide (referred to as
                                                  3. Federal regulatory process to adopt                                                                     Title V Self-Governance Compacting or
                                               new versions of standards. The Federal                                                                        the TSGP). These options are not
                                               process for adoption of standards and                   DEPARTMENT OF HEALTH AND                              exclusive and Tribes may choose to
                                               operating rules is lengthy, of                          HUMAN SERVICES                                        combine options based on their
                                               unpredictable duration and contains                                                                           individual needs and circumstances.
                                               numerous checks and balances that                       Indian Health Service
                                                                                                                                                                The TSGP is a tribally driven
                                               duplicate similar processes within the                  Office of Tribal Self-Governance;                     initiative, and strong Federal-Tribal
                                               standards development organizations.                    Negotiation Cooperative Agreement                     partnerships are essential to the
                                               The lack of predictability and timeliness                                                                     program’s success. The IHS established
                                               jeopardizes the smooth adoption and                     Announcement Type: New—Limited                        the OTSG to implement the Tribal Self-
                                               uptake of standards and operating rules                   Competition                                         Governance authorities under the
                                               once they are developed and published                   Funding Announcement Number: HHS–                     ISDEAA. The primary OTSG functions
                                               by the SDO.                                               2018–IHS–TSGN–0001                                  are to: (1) Serve as the primary liaison
                                                  4. Data harmonization. The lack of                   Catalog of Federal Domestic Assistance                and advocate for Tribes participating in
                                               data cohesion due to inconsistencies in                   Number: 93.444                                      the TSGP, (2) develop, direct, and
                                               data dictionaries and data elements                     Key Dates                                             implement TSGP policies and
                                               across SDOs jeopardizes                                                                                       procedures, (3) provide information and
                                               interoperability.                                       Application Deadline Date: June 17,                   technical assistance to Self-Governance
                                                  5. Inclusion of non-covered entities                   2018                                                Tribes, and (4) advise the IHS Director
                                               under HIPAA. Covered entities include                   Review Date: June 25–29, 2018                         on compliance with TSGP policies,
                                               providers, health plans and health care                 Earliest Anticipated Start Date: July 15,             regulations, and guidelines. Each IHS
                                               clearinghouses. Vendors and other                         2018                                                Area has an Agency Lead Negotiator
                                               business associates are not covered                     Tribal Resolutions Due Date: June 17,                 (ALN), designated by the IHS Director to
                                               entities but often play a role in the                     2018                                                act on his or her behalf, who has
                                               exchange and/or processing of the                       I. Funding Opportunity Description                    authority to negotiate Self-Governance
                                               adopted standards. The Federal                                                                                Compacts and Funding Agreements
                                               government is limited in its authority                  Statutory Authority                                   (FA). Prospective Tribes interested in
                                               over non-covered entities. This impacts                    The Indian Health Service (IHS)                    participating in the TSGP should
                                               the use of standards in a variety of ways,              Office of Tribal Self-Governance (OTSG)               contact their respective ALN to begin
                                               from costs to actual utilization.                       is accepting applications for Negotiation             the Self-Governance planning process.
                                                  The times and topics are subject to                  Cooperative Agreements for the Tribal                 Also, Tribes currently participating in
                                               change. Please refer to the posted                      Self-Governance Program (TSGP). This                  the TSGP, who are interested in
                                               agenda for any updates.                                 program is authorized under: Title V of               expanding existing or adding new
                                                  Contact Persons for More Information:                the Indian Self-Determination and                     PSFAs, should also contact their
                                               Substantive program information may                     Education Assistance Act (ISDEAA), 25                 respective ALN to discuss the best
                                               be obtained from Rebecca Hines, MHS,                    U.S.C. 5383(e). This program is                       methods for expanding or adding new
                                               Executive Secretary, NCVHS, National                    described in the Catalog of Federal                   PSFAs.
daltland on DSKBBV9HB2PROD with NOTICES




                                               Center for Health Statistics, Centers for               Domestic Assistance (CFDA) under
                                               Disease Control and Prevention, 3311                                                                          Purpose
                                                                                                       93.444.
                                               Toledo Road, Hyattsville, Maryland                                                                              The purpose of this Negotiation
                                               20782, telephone (301) 458–4715.                        Background                                            Cooperative Agreement is to provide
                                               Information pertaining to meeting                         The TSGP is more than an IHS                        Tribes with resources to help defray the
                                               content may be obtained from Lorraine                   program; it is an expression of the                   costs associated with preparing for and
                                               Doo, MSW, MPH, Centers for Medicare                     Government-to-Government                              engaging in TSGP negotiations. TSGP


                                          VerDate Sep<11>2014   19:20 Apr 16, 2018   Jkt 244001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM   17APN1


                                               16878                          Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices

                                               negotiations are a dynamic, evolving,                   those PSFAs. A thorough planning                      in planning, organizes meetings
                                               and tribally driven process that requires               phase improves timeliness and efficient               between the Tribe and the IHS, and
                                               careful planning, preparation and                       negotiations and ensures that the Tribe               coordinates the Agency’s response to
                                               sharing of precise, up-to-date                          is fully prepared to assume the transfer              Tribal questions during the negotiations
                                               information by both Tribal and Federal                  of IHS PSFAs to the Tribal health                     process. The ALN role requires detailed
                                               parties. Because each Tribal situation is               program.                                              knowledge of the IHS, awareness of
                                               unique, a Tribe’s successful transition                    During pre-negotiations, the Tribal                current policy and practice, and
                                               into the TSGP, or expansion of their                    and Federal negotiation teams review                  understanding of the rights and
                                               current program, requires focused                       and discuss issues identified during the              authorities available to a Tribe under
                                               discussions between the Federal and                     planning phase. Pre-negotiations                      Title V of the ISDEAA.
                                               Tribal negotiation teams about the                      provide an opportunity for the Tribe                     In post-negotiations, after the
                                               Tribe’s specific health care concerns                   and the IHS to identify and discuss                   Compact, FA and all negotiations are
                                               and plans. One of the hallmarks of the                  issues directly related to the Tribe’s                complete, the documents are signed by
                                               TSGP is the collaborative nature of the                 Compact, FA and Tribal shares. They                   the authorizing Tribal official and
                                               negotiations process, which is designed                 may take the form of a formal meeting                 submitted to the ALN who reviews the
                                               to: (1) Enable a Tribe to set its own                   or a series of informal meetings or                   final package to ensure each document
                                               priorities when assuming responsibility                 conference calls.                                     accurately reflects what was negotiated.
                                               for IHS PSFAs, (2) observe and respect                     In advance of final negotiations, the              Once the ALN completes this review,
                                               the Government-to-Government                            Tribe should work with the IHS to                     then the final package is submitted to
                                               relationship between the U.S. and each                  secure the following: (1) Program titles              the OTSG to be prepared for the IHS
                                               Tribe, and (3) involve the active                       and descriptions, (2) financial tables                Director’s signature, provided that no
                                               participation of both Tribal and IHS                    and information, (3) information related              outstanding issues delay or prevent
                                               representatives, including the OTSG.                    to the identification and justification of            signature. After the Compact and FA
                                               Negotiations are a method of                            residuals, and (4) the basis for                      have been signed by both parties, they
                                               determining and agreeing upon the                       determining Tribal shares (distribution               become legally binding and enforceable
                                               terms and provisions of a Tribe’s                       formula). The Tribe may also wish to                  agreements. A signed Compact and FA
                                               Compact and FA, the implementation                      discuss financial materials that show                 are necessary for the payment process to
                                               documents required for the Tribe to                     estimated funding for next year, and the              begin. The negotiating Tribe then
                                               enter into the TSGP. The Compact sets                   increases or decreases in funding it may              becomes a ‘‘Self-Governance Tribe’’ and
                                               forth the general terms of the                          receive in the current year, as well as               a participant in the TSGP.
                                               Government-to-Government                                the basis for those changes.                             Acquiring a Negotiation Cooperative
                                                                                                          Having reviewed the draft documents
                                               relationship between the Tribe and the                                                                        Agreement is not a prerequisite to enter
                                                                                                       and funding tables, at final negotiations
                                               Secretary of the U.S. Department of                                                                           the TSGP. A Tribe may use other
                                                                                                       both negotiation teams work together in
                                               Health and Human Services (HHS). The                                                                          resources to develop and negotiate its
                                                                                                       good faith to determine and agree upon
                                               FA: (1) Describes the length of the                     the terms and provisions of the Tribe’s               Compact and FA. See 42 CFR 137.26.
                                               agreement (whether it will be annual or                 Compact and FA. Negotiations are not                  Tribes that receive a Negotiation
                                               multi-year), (2) identifies the PSFAs, or               an allocation process; they provide an                Cooperative Agreement are not
                                               portions thereof, the Tribe will assume,                opportunity to mutually review and                    obligated to participate in Title V and
                                               (3) specifies the amount of funding                     discuss budget and program issues. As                 may choose to delay or decline
                                               associated with the Tribal assumption,                  issues arise, both negotiations teams                 participation or expansion in the TSGP.
                                               and (4) includes terms required by                      work through the issues to reach                      Limited Competition Justification
                                               Federal statute and other terms agreed                  agreement on the final documents.
                                               to by the parties. Both documents are                      There are various entities involved                   There is limited competition under
                                               required to participate in the TSGP and                 throughout the negotiations process. For              this announcement because the
                                               they are mutually negotiated agreements                 example, a Tribal government selects its              authorizing legislation restricts
                                               that become legally binding and                         representative(s) for negotiations and                eligibility to Tribes that meet specific
                                               mutually enforceable after both parties                 the Tribal negotiations team, which may               criteria identified in Section III.
                                               sign the documents. Either document                     include a Tribal leader from the                      Eligibility Criteria, 1. Eligibility, A. See
                                               can be renegotiated at the request of the               governing body, a Tribal health director,             25 U.S.C. 5383(e); 42 CFR 137.10 and 42
                                               Tribe.                                                  technical and program staff, legal                    CFR 137.24–26.
                                                 The negotiations process has four                     counsel, and other consultants.                       II. Award Information
                                               major stages, including: (1) Planning, (2)              Regardless of the composition of the
                                               pre-negotiations, (3) negotiations, and                 Tribal team, Tribal representatives must              Type of Award
                                               (4) post-negotiations. Title V of the                   have decision making authority from the                  Cooperative Agreement.
                                               ISDEAA requires that a Tribe or Tribal                  Tribal governing body to successfully
                                               organization complete a planning phase                  negotiate and agree to the provisions                 Estimated Funds Available
                                               to the satisfaction of the Tribe. The                   within the agreements. The Federal                      The total amount of funding
                                               planning phase must include legal and                   negotiations team is led by the ALN and               identified for the current fiscal year (FY)
                                               budgetary research and internal Tribal                  may include area and headquarters staff,              2018 is approximately $240,000.
                                               Government planning and                                 including staff from the OTSG, the                    Individual award amounts are
                                               organizational preparation relating to                  Office of Finance and Accounting, and                 anticipated to be $48,000. The amount
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                                               the administration of health care                       the Office of the General Counsel. The                of funding available for awards issued
                                               programs. See 25 U.S.C. 5383(d). The                    ALN is the only member of the Federal                 under this announcement are subject to
                                               planning phase is critical to negotiations              negotiations team with delegated                      the availability of appropriations and
                                               and helps Tribes make informed                          authority to negotiate on behalf of the               budgetary priorities of the Agency. The
                                               decisions about which PSFAs to assume                   IHS Director. The ALN is the designated               IHS is under no obligation to make
                                               and what organizational changes or                      official that provides Tribes with Self-              awards that are selected for funding
                                               modifications are necessary to support                  Governance information, assists Tribes                under this announcement.


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                                                                              Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices                                             16879

                                               Anticipated Number of Awards                            III. Eligibility Information                            Meeting the eligibility criteria for a
                                                                                                                                                             Negotiation Cooperative Agreement
                                                  Approximately five awards will be                    1. Eligibility
                                                                                                                                                             does not mean that a Tribe/Tribal
                                               issued under this program                                  To be eligible for the New Limited                 Organization is eligible for participation
                                               announcement.                                           Competition Negotiation Cooperative                   in the IHS TSGP under Title V of the
                                               Period of Performance                                   Agreement under this announcement,                    ISDEAA. See 25 U.S.C. 5383; 42 CFR
                                                                                                       an applicant must:                                    137.15–23. For additional information
                                                 The period of performance is for one                     (A) Be an ‘‘Indian Tribe’’ as defined              on the eligibility for the IHS TSGP,
                                               year and runs from July 15, 2018, to July               in 25 U.S.C. 5304(e); a ‘‘Tribal                      please visit the ‘‘Eligibility and
                                               14, 2019.                                               Organization’’ as defined in 25 U.S.C.                Funding’’ page on the OTSG website
                                               Cooperative Agreement                                   5304(l); or an ‘‘Inter-Tribal Consortium:             located at: http://www.ihs.gov/
                                                                                                       as defined at 42 CFR 137.10. However,                 SelfGovernance.
                                                 Cooperative agreements awarded by                     Alaska Native Villages or Alaska Native                 Note: Please refer to Section IV.2
                                               the Department of Health and Human                      Village Corporations are not eligible if              (Application and Submission Information/
                                               Services (HHS) are administered under                   they are located within the area served               Subsection 2, Content and Form of
                                               the same policies as a grant. However,                  by an Alaska Native regional health                   Application Submission) for additional proof
                                               the IHS is required to have substantial                 entity. See Consolidated Appropriations               of applicant status documents required, such
                                                                                                       Act, 2014, Public Law 113–76. By                      as Tribal resolutions, proof of non-profit
                                               programmatic involvement in the
                                                                                                                                                             status, etc.
                                               project during the entire award segment.                statute, the Native Village of Eyak,
                                               Below is a detailed description of the                  Eastern Aleutian Tribes, and the                      2. Cost Sharing or Matching
                                               level of involvement required for both                  Council for Athabascan Tribal
                                               the IHS and the grantee. The IHS will                   Governments have also been deemed                        The IHS does not require matching
                                               be responsible for activities listed under              Alaska Native regional health entities                funds or cost sharing for grants or
                                               section A and the grantee will be                       and therefore are eligible to apply.                  cooperative agreements.
                                               responsible for activities listed under                 Those Alaska Tribes not represented by                3. Other Requirements
                                               section B as stated:                                    a Self-Governance Tribal consortium FA
                                                                                                                                                                If application budgets exceed the
                                                                                                       within their area may still be considered
                                               Substantial Involvement Description for                                                                       highest dollar amount outlined under
                                                                                                       to participate in the TSGP.
                                               the Cooperative Agreement                                                                                     the ‘‘Estimated Funds Available’’
                                                                                                          (B) Submit Tribal resolution(s) from               section within this funding
                                               A. IHS Programmatic Involvement                         the appropriate governing body of each                announcement, the application will be
                                                                                                       Indian Tribe to be served by the                      considered ineligible and will not be
                                                 (1) Provide descriptions of PSFAs and                 ISDEAA Compact authorizing the
                                               associated funding at all organizational                                                                      reviewed for further consideration. If
                                                                                                       submission of the Negotiation                         deemed ineligible, the IHS will not
                                               levels (Service Unit, Area, and                         Cooperative Agreement. Tribal consortia
                                               Headquarters), including funding                                                                              return the application. The applicant
                                                                                                       applying for a TSGP Negotiation                       will be notified by email by the Division
                                               formulas and methodologies related to                   Cooperative Agreement shall submit
                                               determining Tribal shares.                                                                                    of Grants Management (DGM) of this
                                                                                                       Tribal Council resolutions from each                  decision.
                                                 (2) Meet with Negotiation Cooperative                 Tribe in the consortium. Tribal
                                               Agreement recipients to provide                         resolutions can be attached to the                    Tribal Resolution(s)
                                               program information and discuss                         electronic online application.                          Submit Tribal resolution(s) from the
                                               methods currently used to manage and                       (C) Demonstrate for three fiscal years,            appropriate governing body of the
                                               deliver health care.                                    financial stability and financial                     Indian Tribe to be served by the
                                                 (3) Identify and provide statutes,                    management capability. The Indian                     ISDEAA Compact authorizing the
                                               regulations, and policies that provide                  Tribe must provide evidence that, for                 submission of a Negotiation Cooperative
                                               authority for administering IHS                         the three fiscal years prior to requesting            Agreement application. Tribal consortia
                                               programs.                                               participation in the TSGP, the Indian                 applying for a TSGP Negotiation
                                                 (4) Provide technical assistance on the               Tribe has had no uncorrected significant              Cooperative Agreement shall submit
                                               IHS budget, Tribal shares, and other                    and material audit exceptions in the                  Tribal Council resolutions from each
                                               topics as needed.                                       required annual audit of the Indian                   Tribe in the consortium. Tribal
                                                                                                       Tribe’s Self-Determination Contracts or               resolutions can be attached to the
                                               B. Grantee Cooperative Agreement                        Self-Governance FAs with any Federal                  electronic online application.
                                               Award Activities                                        Agency. See 25 U.S.C. 5383; 42 CFR                      An official signed Tribal resolution
                                                                                                       137.15–23.                                            must be received by the DGM prior to
                                                 (1) Determine the PSFAs that will be
                                                                                                          For Tribes or Tribal organizations (T/             a Notice of Award (NoA) being issued
                                               negotiated into the Tribe’s Compact and
                                                                                                       TO) that expended $750,000 or more                    to any applicant selected for funding.
                                               FA. Prepare and discuss each Program,
                                                                                                       ($500,000 for fiscal years ending after               However, if an official signed Tribal
                                               Service Function and Activity in
                                                                                                       December 31, 2003) in Federal awards,                 resolution cannot be submitted with the
                                               comparison to the current level of
                                                                                                       the OTSG shall retrieve the audits                    electronic application submission prior
                                               services provided so that an informed
                                                                                                       directly from the Federal Audit                       to the official application deadline date,
                                               decision can be made on new or
                                                                                                       Clearinghouse.                                        then a draft Tribal resolution is
                                               expanded program assumption.
                                                                                                          For T/TO that expended less than                   acceptable and must be submitted by
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                                                 (2) Identify Tribal shares associated                 $750,000 ($500,000 for fiscal years                   the deadline in order for the application
                                               with the PSFAs that will be included in                 ending after December 31, 2003) in                    to be considered complete and eligible
                                               the FA.                                                 Federal awards, the T/TO must provide                 for review. The draft Tribal resolution is
                                                 (3) Develop the terms and conditions                  evidence of the program review                        not in lieu of the required signed
                                               that will be set for in both the Compact                correspondence from IHS or Bureau of                  resolution, but is acceptable until a
                                               and FA to submit to the ALN prior to                    Indian Affairs officials. See 42 CFR                  signed resolution is received. If an
                                               negotiations.                                           137.21–23.                                            official signed Tribal resolution is not


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                                               16880                          Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices

                                               received by DGM when funding                              • Organizational Chart (optional).                  Knowledge and expertise to assume or
                                               decisions are made, then a (NoA) will                     • Documentation of current Office of                expand PSFAs, and (2) the
                                               not be issued to that applicant and they                Management and Budget (OMB)                           administrative infrastructure to support
                                               will not receive any IHS funds until                    Financial Audit.                                      the assumption of PSFAs. Identify the
                                               such time as they have submitted a                        Acceptable forms of documentation                   need for assistance and how the
                                               signed resolution to the Grants                         include:                                              Negotiation Cooperative Agreement
                                               Management Specialist listed in this                      Æ Email confirmation from Federal                   would benefit the health activities the
                                               Funding Announcement.                                   Audit Clearinghouse (FAC) that audits                 Tribe is preparing to assume or expand.
                                                  An applicant submitting Tribal                       were submitted; or
                                               resolution(s) after the initial application               Æ Face sheets from audit reports.                   Part B: Program Planning and
                                               submission due date is required to                      These can be found on the FAC website:                Evaluation (4 page limit)
                                               ensure the information was received by                  https://harvester.census.gov/facdissem/               Section 1: Program Plans
                                               the IHS by obtaining documentation                      Main.aspx.                                            Project Objective(s), Work Plan and
                                               confirming delivery (i.e., FedEx                                                                                Approach
                                                                                                       Public Policy Requirements
                                               tracking, postal return receipt, etc.).                                                                         State in measureable terms the
                                                                                                         All Federal wide public policies                    objectives and appropriate activities to
                                               IV. Application and Submission                          apply to IHS grants and cooperative
                                               Information                                                                                                   achieve the following Negotiation
                                                                                                       agreements with exception of the                      Cooperative Agreement recipient award
                                               1. Obtaining Application Materials                      Discrimination Policy.                                activities:
                                                  The application package and detailed                 Requirements for Project and Budget                     (A) Determine the PSFAs that will be
                                               instructions for this announcement can                  Narratives                                            negotiated into the Tribe’s Compact and
                                               be found at: http://www.Grants.gov or                                                                         FA. Prepare and discuss each Program,
                                                                                                          A. Project Narrative: This narrative
                                               http://www.ihs.gov/dgm/funding/.                                                                              Service, Function, and Activity in
                                                                                                       should be a separate Word document
                                                  Questions regarding the electronic                                                                         comparison to the current level of
                                                                                                       that is not to exceed ten pages and must
                                               application process may be directed to                                                                        services provided so that an informed
                                                                                                       be single-spaced, type written, have
                                               Mr. Paul Gettys at (301) 443–2114 or                                                                          decision can be made on new or
                                                                                                       consecutively numbered pages, use
                                               (301) 443–5204.                                                                                               expanded program assumption.
                                                                                                       black type not smaller than 12 points,                  (B) Identify Tribal shares associated
                                               2. Content and Form Application                         and be printed on one side only of                    with the PSFAs that will be included in
                                               Submission                                              standard size 81⁄2″ x 11″ paper.                      the FA.
                                                  The applicant must include the                          Be sure to succinctly answer all                     (C) Develop the terms and conditions
                                               project narrative as an attachment to the               questions listed under the evaluation                 that will be set forth in both the
                                               application package. Mandatory                          criteria (refer to Section V.1, Evaluation            Compact and FA to submit to the ALN
                                               documents for all applicants include:                   criteria in this announcement) and place              prior to negotiations.
                                                  • Table of contents.                                 all responses and required information                  (D) Describe fully and clearly how the
                                                  • Abstract (one page) summarizing                    in the correct section (noted below), or              Tribe’s proposal will result in an
                                               the project.                                            they will not be considered or scored.                improved approach to managing the
                                                  • Application forms:                                 These narratives will assist the                      PSFAs to be assumed or expanded.
                                                  Æ SF–424, Application for Federal                    Objective Review Committee (ORC) in                   Include how the Tribe plans to
                                               Assistance.                                             becoming familiar with the applicant’s                demonstrate improved health services to
                                                  Æ SF–424A, Budget Information—                       activities and accomplishments prior to               the community and incorporate the
                                               Non-Construction Programs.                              this possible cooperative agreement
                                                  Æ SF–424B, Assurances—Non-                                                                                 proposed timelines for negotiations.
                                                                                                       award. If the narrative exceeds the page
                                               Construction Programs.                                                                                        Organizational Capabilities, Key
                                                                                                       limit, then only the first ten pages will
                                                  Line Item Budget and Narrative (must                                                                         Personnel, and Qualifications
                                                                                                       be reviewed. The ten page limit for the
                                               be single-spaced and not exceed five                    narrative does not include the work                     Describe the organizational structure
                                               pages).                                                 plan, standard forms, Tribal resolutions,             of the Tribe and its ability to manage the
                                                  • Project Narrative (must be single-                 table of contents, budget, budget                     proposed project. Include resumes or
                                               spaced and not exceed ten pages).                       justifications, narratives, and/or other              position descriptions of key staff
                                                  Æ Background information on the                                                                            showing requisite experience and
                                                                                                       appendix items.
                                               organization.                                              There are three parts to the narrative:            expertise. If applicable, include resumes
                                                  Æ Proposed scope of work, objectives,                                                                      and scope of work for consultants that
                                                                                                       Part A—Program Information; Part B—
                                               and activities that provide a description                                                                     demonstrate experience and expertise
                                                                                                       Program Planning and Evaluation; and
                                               of what will be accomplished, including                                                                       relevant to the project.
                                                                                                       Part C—Program Report. See below for
                                               a one-page Timeframe Chart.                                                                                   Section 2: Program Evaluation
                                                  • Tribal Resolution(s).                              additional details about what must be
                                                  • Letters of Support from                            included in the narrative.                              Describe fully and clearly how the
                                               organization’s Board of Directors.                         The page limitations below are for                 improvements that will be made by the
                                                  • 501(c)(3) Certificate (if applicable).             each narrative and budget submitted.                  Tribe to manage the health care system
                                                  • Biographical sketches for all Key                  Part A: Program Information (4 page                   and identify the anticipated or expected
                                               Personnel.                                              limit)                                                benefits for the Tribe. Define the criteria
                                                  • Contractor/Consultant resumes or                                                                         to be used to evaluate objectives
                                               qualifications and scope of work.                       Section 1: Needs                                      associated with the project.
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                                                  • Disclosure of Lobbying Activities                  Introduction and Need for Assistance
                                                                                                         Demonstrate that the Tribe has                      Part C: Program Report (2 page limit)
                                               (SF–LLL).
                                                  • Certification Regarding Lobbying                   conducted previous Self-Governance                      Section 1: Describe major
                                               (GG-Lobbying Form).                                     planning activities by clearly stating the            accomplishments over the last 24
                                                  • Copy of current Negotiated Indirect                results of what was learned during the                months associated with the goals of this
                                               Cost rate (IDC) agreement (required in                  planning process. Explain how the Tribe               announcement. Please identify and
                                               order to receive IDC).                                  has determined it has the: (1)                        describe significant health related


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                                                                              Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices                                            16881

                                               program accomplishments associated                        • Tribes can apply for a Planning                   will not be accepted for processing or
                                               with the delivery of quality health                     Cooperative Agreement and a                           considered for funding. Applicants that
                                               services. This section should highlight                 Negotiation Cooperative Agreement in                  do not adhere to the timelines for
                                               major program achievements over the                     the same cycle, so long as the project                System for Award Management (SAM)
                                               last 24 months.                                         proposals are different for each                      and/or http://www.Grants.gov
                                                 Section 2: Describe major activities                  application. Tribes cannot apply for                  registration or that fail to request timely
                                               over the last 24 months. Please provide                 both the Planning Cooperative                         assistance with technical issues will not
                                               an overview of significant program                      Agreement and the Negotiation                         be considered for a waiver to submit a
                                               activities associated with the delivery of              Cooperative Agreement within the same                 paper application.
                                               quality health services over the last 24                grant cycle with the same proposed                       Please be aware of the following:
                                               months. This section should address                     project.                                                 • Please search for the application
                                               significant program activities and                        • Only one Negotiation grant/                       package in http://www.Grants.gov by
                                               include those related to the                            cooperative agreement will be awarded                 entering the CFDA number or the
                                               accomplishments listed in the previous                  per applicant per grant cycle under this              Funding Opportunity Number. Both
                                               section.                                                announcement.                                         numbers are located in the header of
                                                                                                         • IHS will not acknowledge receipt of               this announcement.
                                               B. Budget Narrative (5 page limit)                      applications.                                            • If you experience technical
                                                  This narrative must include a line                   6. Electronic Submission Requirements                 challenges while submitting your
                                               item budget with a narrative                                                                                  application electronically, please
                                               justification for all expenditures                         All applications must be submitted                 contact Grants.gov support directly at:
                                               identifying reasonable allowable,                       electronically. Please use the http://                support@grants.gov or (800) 518–4726.
                                               allocable costs necessary to accomplish                 www.Grants.gov website to submit an                   Customer Support is available to
                                               the goals and objectives as outlined in                 application electronically and select the             address questions 24 hours a day, 7 days
                                               the project narrative. Budget should                    ‘‘Search Grants’’ link on the homepage.               a week (except on Federal holidays).
                                               match the scope of work described in                    Follow the instructions for submitting                   • Upon contacting Grants.gov, obtain
                                               the project narrative.                                  an application under the Package tab.                 a tracking number as proof of contact.
                                                                                                       Electronic copies of the application may              The tracking number is helpful if there
                                               3. Submission Dates and Times                           not be submitted as attachments to                    are technical issues that cannot be
                                                  Applications must be submitted                       email messages addressed to IHS                       resolved and a waiver from the agency
                                               electronically through Grants.gov by                    employees or offices.                                 must be obtained.
                                               11:59 p.m. Eastern Daylight Time (EDT)                  Waiver Request                                           • Applicants are strongly encouraged
                                               on the Application Deadline Date listed                                                                       not to wait until the deadline date to
                                               in the Key Dates section on page one of                   If the applicant needs to submit a                  begin the application process through
                                               this announcement. Any application                      paper application instead of submitting               Grants.gov as the registration process for
                                               received after the application deadline                 electronically through Grants.gov, a                  SAM and Grants.gov could take up to
                                               will not be accepted for processing, nor                waiver must be requested. Prior                       fifteen working days.
                                               will it be given further consideration for              approval must be requested and                           • Please use the optional attachment
                                               funding. Grants.gov will notify the                     obtained from Mr. Robert Tarwater,                    feature in Grants.gov to attach
                                               applicant via email if the application is               Director, DGM, (see Section IV.6 below                additional documentation that may be
                                               rejected.                                               for additional information). A written                requested by the DGM.
                                                  If technical challenges arise and                    waiver request must be sent to                           • All applicants must comply with
                                               assistance is required with the                         GrantsPolicy@ihs.gov with a copy to                   any page limitation requirements
                                               electronic application process, contact                 Robert.Tarwater@ihs.gov. The waiver                   described in this funding
                                               Grants.gov Customer Support via email                   must: (1) Be documented in writing                    announcement.
                                               to support@grants.gov or at (800) 518–                  (emails are acceptable), before                          • After electronically submitting the
                                               4726. Customer Support is available to                  submitting a paper application, and (2)               application, the applicant will receive
                                               address questions 24 hours a day, 7 days                include clear justification for the need              an automatic acknowledgment from
                                               a week (except on Federal holidays). If                 to deviate from the required electronic               Grants.gov that contains a Grants.gov
                                               problems persist, contact Mr. Gettys                    grants submission process.                            tracking number. The DGM will
                                               (Paul.Gettys@ihs.gov), DGM Grant                          Once the waiver request has been                    download the application from
                                               Systems Coordinator, by telephone at                    approved, the applicant will receive a                Grants.gov and provide necessary copies
                                               (301) 443–2114 or (301) 443–5204.                       confirmation of approval email                        to the appropriate agency officials.
                                               Please be sure to contact Mr. Gettys at                 containing submission instructions and                Neither the DGM nor the OTSG will
                                               least ten days prior to the application                 the mailing address to submit the                     notify the applicant that the application
                                               deadline. Please do not contact the DGM                 application. A copy of the written                    has been received.
                                               until you have received a Grants.gov                    approval must be submitted along with                    • Email applications will not be
                                               tracking number. In the event you are                   the hardcopy of the application that is               accepted under this announcement.
                                               not able to obtain a tracking number,                   mailed to DGM. Paper applications that
                                                                                                       are submitted without a copy of the                   Dun and Bradstreet (D&B) Data
                                               call the DGM as soon as possible.                                                                             Universal Numbering System (DUNS)
                                                                                                       signed waiver from the Director of the
                                               4. Intergovernmental Review                             DGM will not be reviewed or considered                  All IHS applicants and grantee
                                                  Executive Order 12372 requiring                      for funding. The applicant will be                    organizations are required to obtain a
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                                               intergovernmental review is not                         notified via email of this decision by the            DUNS number and maintain an active
                                               applicable to this program.                             Grants Management Officer of the DGM.                 registration in the SAM database. The
                                                                                                       Paper applications must be received by                DUNS number is a unique 9-digit
                                               5. Funding Restrictions                                 the DGM no later than 5:00 p.m., EDT,                 identification number provided by D&B
                                                  • Pre-award costs are not allowable.                 on the Application Deadline Date listed               which uniquely identifies each entity.
                                                  • The available funds are inclusive of               in the Key Dates section on page one of               The DUNS number is site specific;
                                               direct and appropriate indirect costs.                  this announcement. Late applications                  therefore, each distinct performance site


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                                               16882                          Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices

                                               may be assigned a DUNS number.                          1. Criteria                                           demonstrate experience and expertise
                                               Obtaining a DUNS number is easy, and                                                                          relevant to the project.
                                                                                                       A. Introduction and Need for Assistance
                                               there is no charge. To obtain a DUNS
                                                                                                       (25 points)                                           E. Categorical Budget and Budget
                                               number, you may access it through
                                                                                                                                                             Justification (10 points)
                                               http://fedgov.dnb.com/webform, or to                      Demonstrate that the Tribe has
                                               expedite the process, call (866) 705–                   conducted previous Self-Governance                       Submit a budget with a narrative
                                               5711.                                                   planning activities by clearly stating the            describing the budget request and
                                                  All HHS recipients are required by the               results of what was learned during the                matching the scope of work described in
                                               Federal Funding Accountability and                      planning process. Explain how the Tribe               the project narrative. Justify all
                                               Transparency Act of 2006, as amended                    has determined it has the: (1)                        expenditures identifying reasonable and
                                               (‘‘Transparency Act’’), to report                       Knowledge and expertise to assume or                  allowable costs necessary to accomplish
                                               information on sub-awards.                              expand PSFAs, and (2) the                             the goals and objectives as outlined in
                                               Accordingly, all IHS grantees must                      administrative infrastructure to support              the project narrative.
                                               notify potential first-tier sub-recipients              the assumption of PSFAs. Identify the                    Additional documents can be
                                               that no entity may receive a first-tier                 need for assistance and how the                       uploaded as Appendix Items in
                                               sub-award unless the entity has                         Negotiation Cooperative Agreement                     Grants.gov:
                                               provided its DUNS number to the prime                   would benefit the health activities the                  • Work plan, logic model and/or time
                                               grantee organization. This requirement                  Tribe is preparing to assume or expand.               line for proposed objectives.
                                               ensures the use of a universal identifier                                                                        • Position descriptions for key staff.
                                               to enhance the quality of information                   B. Project Objective(s), Work Plan and
                                                                                                       Approach (25 points)                                     • Resumes of key staff that reflect
                                               available to the public pursuant to the                                                                       current duties.
                                               Transparency Act.                                         State in measurable terms the                          • Consultant or contractor proposed
                                               System for Award Management (SAM)                       objectives and appropriate activities to              scope of work and letter of commitment
                                                                                                       achieve the following Planning                        (if applicable).
                                                  Organizations that were not registered
                                               with Central Contractor Registration and
                                                                                                       Cooperative Agreement recipient award                    • Current Indirect Cost Agreement.
                                               have not registered with SAM will need
                                                                                                       activities:                                              • Organizational chart.
                                               to obtain a DUNS number first and then                    (1) Determine the PSFAs that will be                   • Map of area identifying project
                                               access the SAM online registration                      negotiated into the Tribe’s Compact and               location(s).
                                               through the SAM home page at: https://                  FA. Prepare and discuss each Program,                    • Additional documents to support
                                               www.sam.gov (U.S. organizations will                    Service, Function and Activity in                     narrative (i.e. data tables, key news
                                               also need to provide an Employer                        comparison to the level of services                   articles, etc.).
                                               Identification Number from the Internal                 provided so that an informed decision
                                                                                                       can be made on new or expanded                        2. Review and Selection
                                               Revenue Service that may take an
                                               additional 2–5 weeks to become active).                 program assumption.                                     Each application will be prescreened
                                               Completing and submitting the                             (2) Identify Tribal shares associated               by the DGM staff for eligibility and
                                               registration takes approximately one                    with the PSFAs that will be included in               completeness as outlined in the funding
                                               hour to complete and SAM registration                   the FA.                                               announcement. Applications that meet
                                               will take 3–5 business days to process.                   (3) Develop the terms and conditions                the eligibility criteria shall be reviewed
                                               Registration with the SAM is free of                    that will be set forth in both the                    for merit by the ORC based on
                                               charge. Applicants may register online                  Compact and FA to submit to the ALN                   evaluation criteria in this funding
                                               at: https://www.sam.gov.                                prior to negotiations. Clearly describe               announcement. The ORC could be
                                                  Additional information on                            how the Tribe’s proposal will result in               composed of both Tribal and Federal
                                               implementing the Transparency Act,                      an improved approach to managing the                  reviewers appointed by the IHS Program
                                               including the specific requirements for                 PSFAs to be assumed or expanded.                      to review and make recommendations
                                               DUNS and SAM, can be found on the                       Include how the Tribe plans to                        on these applications. The technical
                                               IHS Grants Management, Grants Policy                    demonstrate improved health care                      review process ensures selection of
                                               website: http://www.ihs.gov/dgm/                        services to the community and                         quality projects in a national
                                               policytopics/.                                          incorporate the proposed timelines for                competition for limited funding.
                                                                                                       negotiations.                                         Incomplete applications and
                                               V. Application Review Information                                                                             applications that are non-responsive to
                                                                                                       C. Program Evaluation (25 points)                     the eligibility criteria will not be
                                                 The instructions for preparing the
                                               application narrative also constitute the                 Describe fully the improvements that                referred to the ORC. The applicant will
                                               evaluation criteria for reviewing and                   will be made by the Tribe to manage the               be notified via email of this decision by
                                               scoring the application. Weights                        health care system and identify the                   the Grants Management Officer of the
                                               assigned to each section are noted in                   anticipated or expected benefits for the              DGM. Applicants will be notified by
                                               parentheses. The ten page narrative                     Tribe. Define the criteria to be used to              DGM, via email, to outline minor
                                               section should be written in a manner                   evaluate objectives associated with the               missing components (i.e., budget
                                               that is clear to outside reviewers                      project.                                              narratives, audit documentation, key
                                               unfamiliar with prior related activities                                                                      contact form) needed for an otherwise
                                                                                                       D. Organizational Capabilities, Key                   complete application. All missing
                                               of the applicant. It should be well
                                                                                                       Personnel and Qualifications (15 points)              documents must be sent to DGM on or
                                               organized, succinct, and contain all
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                                               information necessary for reviewers to                    Describe the organizational structure               before the due date listed in the email
                                               understand the project fully. Points will               of the Tribe and its ability to manage the            of notification of missing documents
                                               be assigned to each evaluation criteria                 proposed project. Include resumes or                  required.
                                               adding up to a total of 100 points. A                   position descriptions of key staff                      To obtain a minimum score for
                                               minimum score of 60 points is required                  showing requisite experience and                      funding by the ORC, applicants must
                                               for funding. Points are assigned as                     expertise. If applicable, include resumes             address all program requirements and
                                               follows:                                                and scope of work for consultants that                provide all required documentation.


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                                                                              Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices                                            16883

                                               VI. Award Administration Information                    2. Administrative Requirements                        reports within the time allowed may
                                                                                                          Cooperative agreements are                         result in suspension or termination of
                                               1. Award Notices                                                                                              an active grant, withholding of
                                                                                                       administered in accordance with the
                                                 The NoA is a legally binding                          following regulations and policies:                   additional awards for the project, or
                                               document signed by the Grants                              A. The criteria as outlined in this                other enforcement actions such as
                                               Management Officer and serves as the                    program announcement.                                 withholding of payments or converting
                                               official notification of the grant award.                  B. Administrative Regulations for                  to the reimbursement method of
                                                                                                       Grants:                                               payment. Continued failure to submit
                                               The NoA will be initiated by the DGM
                                                                                                          • Uniform Administrative                           required reports may result in one or
                                               in our grant system, GrantSolutions
                                                                                                       Requirements for HHS Awards, located                  both of the following: (1) The
                                               (https://www.grantsolutions.gov). Each
                                                                                                       at 45 CFR part 75, located on the U.S.                imposition of special award provisions;
                                               entity that is approved for funding                                                                           and (2) the non-funding or non-award of
                                               under this announcement will need to                    Government Publishing Office website
                                                                                                       at: http://www.ecfr.gov/cgi-bin/text-                 other eligible projects or activities. This
                                               request or have a user account in                                                                             requirement applies whether the
                                               GrantSolutions in order to retrieve their               idx?node=pt45.1.75.
                                                                                                          C. Grants Policy:                                  delinquency is attributable to the failure
                                               NoA. The NoA is the authorizing                                                                               of the grantee organization or the
                                               document for which funds are dispersed                     • HHS Grants Policy Statement,
                                                                                                       Revised 01/07, located at: http://                    individual responsible for preparation
                                               to the approved entities and reflects the                                                                     of the reports. Per DGM policy, all
                                                                                                       www.hhs.gov/sites/default/files/grants/
                                               amount of Federal funds awarded, the                                                                          reports are required to be submitted
                                                                                                       grants/policies-regulations/
                                               purpose of the grant, the terms and                                                                           electronically by attaching them as a
                                                                                                       hhsgps107.pdf.
                                               conditions of the award, the effective                                                                        ‘‘Grant Note’’ in GrantSolutions.
                                                                                                          D. Cost Principles:
                                               date of the award, and the budget/                         • Uniform Administrative                           Personnel responsible for submitting
                                               period of performance.                                  Requirements for HHS Awards, ‘‘Cost                   reports will be required to obtain a login
                                                                                                       Principles,’’ located at 45 CFR part 75,              and password for GrantSolutions. Please
                                               Disapproved Applicants                                                                                        see the Agency Contacts list in section
                                                                                                       subpart E.
                                                 Applicants who received a score less                     E. Audit Requirements:                             VII for the systems contact information.
                                                                                                                                                                The reporting requirements for this
                                               than the recommended funding level for                     • Uniform Administrative
                                                                                                                                                             program are noted below.
                                               approval, 60 and were deemed to be                      Requirements for HHS Awards, ‘‘Audit
                                               disapproved by the ORC, will receive an                 Requirements,’’ located at 45 CFR part                A. Progress Reports
                                               Executive Summary Statement from the                    75, subpart F.                                          Program progress reports are required
                                               OTSG within 30 days of the conclusion                   3. Indirect Costs                                     semi-annually. These reports must
                                               of the ORC outlining the strengths and                                                                        include a brief comparison of actual
                                               weaknesses of their application. The                       This section applies to all grant                  accomplishments to the goals
                                               summary statement will be sent to the                   recipients that request reimbursement of              established for the six month period, a
                                               Authorized Organizational                               indirect costs (IDC) in their grant                   summary of progress to date or, if
                                               Representative that is identified on the                application. In accordance with HHS                   applicable, provide sound justification
                                                                                                       Grants Policy Statement, Part II–27, IHS              for the lack of progress, and other
                                               face page (SF–424) of the application.
                                                                                                       requires applicants to obtain a current               pertinent information as required by the
                                               The OTSG will also provide additional
                                                                                                       IDC rate agreement prior to award. The                program office. A final report must be
                                               contact information as needed to
                                                                                                       rate agreement must be prepared in                    submitted within 90 days of expiration
                                               address questions and concerns as well                  accordance with the applicable cost
                                               as provide technical assistance if                                                                            of the budget or period of performance.
                                                                                                       principles and guidance as provided by
                                               desired.                                                the cognizant agency or office. A current             B. Financial Reports
                                               Approved but Unfunded Applicants                        rate covers the applicable grant                         Federal Financial Report (FFR or SF–
                                                                                                       activities under the current award’s                  425), Cash Transaction Reports are due
                                                  Approved but unfunded applicants                     budget period. If the current rate is not             30 days after the close of every calendar
                                               that met the minimum scoring range                      on file with the DGM at the time of                   quarter to the Payment Management
                                               and were deemed by the ORC to be                        award, the IDC portion of the budget                  Services, HHS at: https://pms.psc.gov. It
                                               ‘‘Approved,’’ but were not funded due                   will be restricted. The restrictions                  is recommended that the applicant also
                                               to lack of funding, will have their                     remain in place until the current rate is             send a copy of the FFR (SF–425) report
                                               applications held by DGM for a period                   provided to the DGM.                                  to the Grants Management Specialist.
                                               of one year. If additional funding                         Generally, IDC rates for IHS grantees              Failure to submit timely reports may
                                               becomes available during the course of                  are negotiated with the Division of Cost              cause a disruption in timely payments
                                               FY 2018 the approved but unfunded                       Allocation (DCA) https://rates.psc.gov/               to the organization.
                                               application may be re-considered by the                 and the Department of the Interior                       Grantees are responsible and
                                               OTSG for possible funding. The                          (Interior Business Center) https://                   accountable for accurate information
                                               applicant will also receive an Executive                www.doi.gov/ibc/services/finance/                     being reported on all required reports:
                                                                                                       indirect-Cost-Services/indian-tribes. For             The Progress Reports and Federal
                                               Summary Statement from the OTSG
                                                                                                       questions regarding the indirect cost                 Financial Report.
                                               within 30 days of the conclusion of the
                                                                                                       policy, please call the Grants
                                               ORC.                                                                                                          C. Federal Sub-Award Reporting System
                                                                                                       Management Specialist listed under
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                                                 Note: Any correspondence other than the               ‘‘Agency Contacts’’ or the main DGM                   (FSRS)
                                               official NoA signed by an IHS grants                    office at (301) 443–5204.                               This award may be subject to the
                                               management official announcing to the                                                                         Transparency Act sub-award and
                                               project director that an award has been made            4. Reporting Requirements
                                                                                                                                                             executive compensation reporting
                                               to their organization is not an authorization             The grantee must submit required                    requirements of 2 CFR part 170.
                                               to implement their program on behalf of the             reports consistent with the applicable                  The Transparency Act requires the
                                               IHS.                                                    deadlines. Failure to submit required                 OMB to establish a single searchable


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                                               16884                          Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices

                                               database, accessible to the public, with                index.html; and http://www.hhs.gov/                   about criminal, civil, and administrative
                                               information on financial assistance                     civil-rights/index.html. Recipients of                proceedings, and/or affirm that there is
                                               awards made by Federal agencies. The                    FFA also have specific legal obligations              no new information to provide. This
                                               Transparency Act also includes a                        for serving qualified individuals with                applies to NFEs that receive Federal
                                               requirement for recipients of Federal                   disabilities. Please see http://                      awards (currently active grants,
                                               grants to report information about first-               www.hhs.gov/civil-rights/for-                         cooperative agreements, and
                                               tier sub-awards and executive                           individuals/disability/index.html.                    procurement contracts) greater than
                                               compensation under Federal assistance                   Please contact the HHS OCR for more                   $10,000,000 for any period of time
                                               awards.                                                 information about obligations and                     during the period of performance of an
                                                  IHS has implemented a Term of                        prohibitions under Federal civil rights               award/project.
                                               Award into all IHS Standard Terms and                   laws at: https://www.hhs.gov/ocr/about-
                                                                                                       us/contact-us/index.html or call (800)                Mandatory Disclosure Requirements
                                               Conditions, NoAs and funding
                                               announcements regarding the FSRS                        368–1019 or TDD (800) 537–7697. Also                    As required by 2 CFR part 200 of the
                                               reporting requirement. This IHS Term of                 note it is an HHS Departmental goal to                Uniform Guidance, and the HHS
                                               Award is applicable to all IHS grant and                ensure access to quality, culturally                  implementing regulations at 45 CFR part
                                               cooperative agreements issued on or                     competent care, including long-term                   75, effective January 1, 2016, the IHS
                                               after October 1, 2010, with a $25,000                   services and supports, for vulnerable                 must require a non-Federal entity or an
                                               sub-award obligation dollar threshold                   populations. For further guidance on                  applicant for a Federal award to
                                               met for any specific reporting period.                  providing culturally and linguistically               disclose, in a timely manner, in writing
                                               Additionally, all new (discretionary)                   appropriate services, recipients should               to the IHS or pass-through entity all
                                               IHS awards (where the period of                         review the National Standards for                     violations of Federal criminal law
                                               performance is made up of more than                     Culturally and Linguistically                         involving fraud, bribery, or gratuity
                                               one budget period) and where: (1) The                   Appropriate Services in Health and                    violations potentially affecting the
                                               period of performance start date was                    Health Care at: https://                              Federal award.
                                               October 1, 2010 or after, and (2) the                   minorityhealth.hhs.gov/omh/                             Submission is required for all
                                               primary awardee will have a $25,000                     browse.aspx?lvl=2&lvlid=53.                           applicants and recipients, in writing, to
                                               sub-award obligation dollar threshold                      Pursuant to 45 CFR 80.3(d), an                     the IHS and to the HHS Office of
                                               during any specific reporting period                    individual shall not be deemed                        Inspector General all information
                                               will be required to address the FSRS                    subjected to discrimination by reason of              related to violations of Federal criminal
                                               reporting.                                              his/her exclusion from benefits limited               law involving fraud, bribery, or gratuity
                                                  For the full IHS award term                          by Federal law to individuals eligible                violations potentially affecting the
                                               implementing this requirement and                       for benefits and services from the IHS.               Federal award. 45 CFR 75.113.
                                               additional award applicability                             Recipients will be required to sign the              Disclosures must be sent in writing to:
                                               information, visit the DGM Grants                       HHS–690 Assurance of Compliance                       U.S. Department of Health and Human
                                               Policy website at: http://www.ihs.gov/                  form which can be obtained from the                     Services, Indian Health Service,
                                               dgm/policytopics/.                                      following website: http://www.hhs.gov/                  Division of Grants Management,
                                                                                                       sites/default/files/forms/hhs-690.pdf,                  ATTN: Robert Tarwater, Director,
                                               D. Compliance With Executive Order                      and send it directly to the: U.S.                       5600 Fishers Lane, Mail Stop: 09E70,
                                               13166 Implementation of Services                        Department of Health and Human                          Rockville, MD 20857, (Include
                                               Accessibility Provisions for All Grant                  Services, Office of Civil Rights, 200                   ‘‘Mandatory Grant Disclosures’’ in
                                               Application Packages and Funding                        Independence Avenue SW, Washington,                     subject line), Office: (301) 443–5204,
                                               Opportunity Announcements                               DC 20201.                                               Fax: (301) 594–0899, Email:
                                                  Recipients of Federal financial                      E. Federal Awardee Performance and                      Robert.Tarwater@ihs.gov.
                                               assistance (FFA) from HHS must                          Integrity Information System (FAPIIS)                 AND
                                               administer their programs in                               The IHS is required to review and                  U.S. Department of Health and Human
                                               compliance with Federal civil rights                    consider any information about the                      Services, Office of Inspector General,
                                               law. This means that recipients of HHS                  applicant that is in the Federal Awardee                ATTN: Mandatory Grant Disclosures,
                                               funds must ensure equal access to their                 Performance and Integrity Information                   Intake Coordinator, 330 Independence
                                               programs without regard to a person’s                   System (FAPIIS) before making any                       Avenue SW, Cohen Building, Room
                                               race, color, national origin, disability,               award in excess of the simplified                       5527, Washington, DC 20201, URL:
                                               age and, in some circumstances, sex and                 acquisition threshold (currently                        http://oig.hhs.gov/fraud/report-fraud/
                                               religion. This includes ensuring your                   $150,000) over the period of                            index.asp, (Include ‘‘Mandatory Grant
                                               programs are accessible to persons with                 performance. An applicant may review                    Disclosures’’ in subject line), Fax:
                                               limited English proficiency. HHS                        and comment on any information about                    (202) 205–0604 (Include ‘‘Mandatory
                                               provides guidance to recipients of FFA                  itself that a Federal awarding agency                   Grant Disclosures’’ in subject line) or
                                               on meeting their legal obligation to take               previously entered. IHS will consider                   Email:
                                               reasonable steps to provide meaningful                  any comments by the applicant, in                       MandatoryGranteeDisclosures@
                                               access to their programs by persons with                addition to other information in FAPIIS                 oig.hhs.gov.
                                               limited English proficiency. Please see                 in making a judgment about the                          Failure to make required disclosures
                                               http://www.hhs.gov/civil-rights/for-                    applicant’s integrity, business ethics,               can result in any of the remedies
                                               individuals/special-topics/limited-                     and record of performance under                       described in 45 CFR 75.371 Remedies
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                                               english-proficiency/guidance-federal-                   Federal awards when completing the                    for noncompliance, including
                                               financial-assistance-recipients-title-VI/.              review of risk posed by applicants as                 suspension or debarment (See 2 CFR
                                                  The HHS Office for Civil Rights (OCR)                described in 45 CFR 75.205.                           parts 180 & 376 and 31 U.S.C. 3321).
                                               also provides guidance on complying                        As required by 45 CFR part 75
                                               with civil rights laws enforced by HHS.                 Appendix XII of the Uniform Guidance,                 VII. Agency Contacts
                                               Please see http://www.hhs.gov/civil-                    non-Federal entities (NFEs) are required                 1. Questions on the programmatic
                                               rights/for-individuals/section-1557/                    to disclose in FAPIIS any information                 issues may be directed to: Roxanne


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                                                                              Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices                                              16885

                                               Houston, Program Officer, Office of                     Tribal Resolutions Due Date: June 17,                 Area has an Agency Lead Negotiator
                                               Tribal Self-Governance, 5600 Fishers                      2018                                                (ALN), designated by the IHS Director to
                                               Lane, Mail Stop: 08E05, Rockville, MD                                                                         act on his or her behalf, who has
                                                                                                       I. Funding Opportunity Description
                                               20857, Phone: (301) 443–7821, Email:                                                                          authority to negotiate Self-Governance
                                               Roxanne.Houston@ihs.gov, website:                       Statutory Authority                                   Compacts and Funding Agreements.
                                               http://www.ihs.gov/self-governance.                       The Indian Health Service (IHS)                     Prospective Tribes interested in
                                                 2. Questions on grants management                                                                           participating in the TSGP should
                                                                                                       Office of Tribal Self-Governance
                                               and fiscal matters may be directed to:                                                                        contact their respective ALN to begin
                                                                                                       (OTSG), is accepting applications for
                                               Vanietta Armstrong, Grants                                                                                    the Self-Governance planning process.
                                                                                                       Planning Cooperative Agreements for
                                               Management Specialist, 5600 Fishers                                                                           Also, Tribes currently participating in
                                                                                                       the Tribal Self-Governance Program
                                               Lane, Mail Stop: 09E70, Rockville, MD                                                                         the TSGP, who are interested in
                                                                                                       (TSGP). This program is authorized
                                               20857, Phone: (301) 443–4792, Fax:                                                                            expanding existing or adding new
                                                                                                       under: Title V of the Indian Self-
                                               (301) 594–0899, Email:                                                                                        PSFAs should also contact their
                                                                                                       Determination and Education
                                               Vanietta.Armstrong@ihs.gov.                                                                                   respective ALN to discuss the best
                                                                                                       Assistance Act (ISDEAA), 25 U.S.C.
                                                 3. Questions on systems matters may                                                                         methods for expanding or adding new
                                                                                                       5383(e). This program is described in
                                               be directed to: Paul Gettys, Grant                                                                            PSFAs.
                                                                                                       the Catalog of Federal Domestic
                                               Systems Coordinator, 5600 Fishers
                                                                                                       Assistance (CFDA) under 93.444.                       Purpose
                                               Lane, Mail Stop: 09E70, Rockville, MD
                                               20857, Phone: (301) 443–2114; or the                    Background                                              The purpose of this Planning
                                               DGM main line (301) 443–5204, Fax:                        The TSGP is more than an IHS                        Cooperative Agreement is to provide
                                               (301) 594–0899, Email: Paul.Gettys@                     program; it is an expression of the                   resources to Tribes interested in
                                               ihs.gov.                                                Government-to-Government                              entering the TSGP and to existing Self-
                                               VIII. Other Information                                 relationship between the United States                Governance Tribes interested in
                                                 The Public Health Service strongly                    (U.S.) and Indian Tribes. Through the                 assuming new or expanded PSFAs. Title
                                               encourages all cooperative agreement                    TSGP, Tribes negotiate with the IHS to                V of the ISDEAA requires a Tribe or
                                               and contract recipients to provide a                    assume Programs, Services, Functions,                 Tribal organization to complete a
                                               smoke-free workplace and promote the                    and Activities (PSFAs), or portions                   planning phase to the satisfaction of the
                                               non-use of all tobacco products. In                     thereof, which gives Tribes the authority             Tribe. The planning phase must include
                                               addition, Public Law 103–227, the Pro-                  to manage and tailor health care                      legal and budgetary research and
                                               Children Act of 1994, prohibits smoking                 programs in a manner that best fits the               internal Tribal government planning
                                               in certain facilities (or in some cases,                needs of their communities.                           and organizational preparation relating
                                               any portion of the facility) in which                     Participation in the TSGP affords                   to the administration of health care
                                               regular or routine education, library,                  Tribes the most flexibility to tailor                 programs. See 25 U.S.C. 5383(d).
                                               day care, health care, or early childhood               health care PSFAs and is one of three                   The planning phase is critical to
                                               development services are provided to                    ways that Tribes can choose to obtain                 negotiations and helps Tribes make
                                               children. This is consistent with the                   health care from the Federal                          informed decisions about which PSFAs
                                               HHS mission to protect and advance the                  Government for their citizens.                        to assume and what organizational
                                               physical and mental health of the                       Specifically, Tribes can choose to: (1)               changes or modifications are necessary
                                               American people.                                        Receive health care services directly                 to successfully support those PSFAs. A
                                                                                                       from the IHS, (2) contract with the IHS               thorough planning phase improves
                                                 Dated: April 5, 2018.                                 to administer individual programs and
                                               Michael D. Weahkee,
                                                                                                                                                             timeliness and efficient negotiations and
                                                                                                       services the IHS would otherwise                      ensures that the Tribe is fully prepared
                                               Assistant Surgeon General, U.S. Public Health           provide (referred to as Title I Self-
                                               Service, Acting Director, Indian Health
                                                                                                                                                             to assume the transfer of IHS PSFAs to
                                                                                                       Determination Contracting, and (3)                    the Tribal health program.
                                               Service.                                                compact with the IHS to assume control
                                               [FR Doc. 2018–07941 Filed 4–16–18; 8:45 am]             over health care programs the IHS                       A Planning Cooperative Agreement is
                                               BILLING CODE 4165–16–P                                  would otherwise provide (referred to as               not a prerequisite to enter the TSGP and
                                                                                                       Title V Self-Governance Compacting or                 a Tribe may use other resources to meet
                                                                                                       the TSGP). These options are not                      the planning requirement. Tribes that
                                               DEPARTMENT OF HEALTH AND                                exclusive and Tribes may choose to                    receive Planning Cooperative
                                               HUMAN SERVICES                                          combine options based on their                        Agreements are not obligated to
                                                                                                       individual needs and circumstances.                   participate in the TSGP and may choose
                                               Indian Health Service                                                                                         to delay or decline participation based
                                                                                                         The TSGP is a tribally driven
                                                                                                       initiative, and strong Federal-Tribal                 on the outcome of their planning
                                               Office of Tribal Self-Governance;                                                                             activities. This also applies to existing
                                               Planning Cooperative Agreement                          partnerships are essential to the
                                                                                                       program’s success. The IHS established                Self-Governance Tribes exploring the
                                               Announcement Type: New—Limited                          the OTSG to implement the self-                       option to expand their current PSFAs or
                                                 Competition                                           governance authorities under the                      assume additional PSFAs.
                                               Funding Announcement Number: HHS–                       ISDEAA. The primary OTSG functions
                                                 2018–IHS–TSGP–0001                                                                                          Limited Competition Justification
                                                                                                       are to: (1) Serve as the primary liaison
                                               Catalog of Federal Domestic Assistance
                                                 Number: 93.444                                        and advocate for Tribes participating in                 There is limited competition under
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                                                                                                       the TSGP, (2) develop, direct, and                    this announcement because the
                                               Key Dates                                               implement TSGP policies and                           authorizing legislation restricts
                                               Application Deadline Date: June 17,                     procedures, (3) provide information and               eligibility to Tribes that meet specific
                                                 2018                                                  technical assistance to Self-Governance               criteria identified in Section III.
                                               Review Date: June 25–29, 2018                           Tribes, and (4) advise the IHS Director               Eligibility Criteria, 1. Eligibility, A. See
                                               Earliest Anticipated Start Date: July 15,               on compliance with TSGP policies,                     25 U.S.C. 5383(e); 42 CFR 137.10 and
                                                 2018                                                  regulations, and guidelines. Each IHS                 §§ 137.24–26.


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Document Created: 2018-04-17 02:52:48
Document Modified: 2018-04-17 02:52:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesJune 17, 2018 Review Date: June 25-29, 2018 Earliest Anticipated Start Date: July 15, 2018 Tribal Resolutions Due Date: June 17, 2018
FR Citation83 FR 16877 

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