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Our firm defended a tribal absentee ballot law (denying absentee ballots to non-resident members) against constitutional attack in Jacobson v. Eastern Band of Cherokee Indians, No. CV-05-101 (Supreme Court of the Eastern Band of Cherokee Indians, Nov. 29, 2006).

General Memorandum 16-021

General Memorandum 16-021
IHS FY 2016 Tribal Self-Governance Program Planning Cooperative Agreements

On March 23, 2016, the Indian Health Service (IHS) announced in the FEDERAL REGISTER the availability of FY 2016 cooperative agreements for planning purposes under the Tribal Self-Governance Program (TSGP). This competitive grant program is authorized by Title V, Tribal Self-Governance Amendments of 2000, of the Indian Self-Determination and Education Assistance Act, PL 93-638, as amended. The TSGP is designed to promote self-determination by allowing tribes to assume more control of IHS programs and services through compacts negotiated with the IHS. Applications are due by June 3, 2016. A copy of the notice is available here: https://www.gpo.gov/fdsys/pkg/FR-2016-03-23/pdf/2016-06559.pdf.

The purpose of this cooperative agreement is to provide planning resources to tribes interested in participating in the TSGP. Under the agreements tribes may undertake planning such as legal and budget research that leads to a greater understanding of which programs, functions, activities, and services they may want to assume and any organizational changes that may be necessary to do so. They may also be used to help identify programmatic alternatives that will better meet tribal needs. Receipt of a planning grant is not a pre-requisite to enter the TSGP.

There is $600,000 available to fund up to five tribes to enter the TSGP planning process. Accepted tribes would be awarded up to $120,000 for a 12-month project period.

To be eligible for the planning agreement, the applicant must be a tribe, tribal organization or inter-tribal consortium; and demonstrate financial stability and management capability by having had no significant and material audit exceptions for three previous fiscal years. Alaska Native Villages or Village Corporations are not eligible to apply for this funding if they are located within an area served by an Alaska Native regional health entity (including the Native Village of Eyak, the Eastern Aleutian Tribes, and the Council for Athabascan Tribal Governments which have been deemed Alaska Native regional health entities) already participating in the Alaska Tribal Health Compact in 1998.

With regard to the submission of resolution the IHS states:

An Indian Tribe or Tribal organization that is proposing a project affecting another Indian Tribe must include resolutions from all affected tribes to be served. Applications by Tribal organizations will not require a specific Tribal resolution if the current Tribal resolution(s) under which they operate would encompass the proposed grant activities.

The solicitation also provides that "an official signed Tribal resolution must be received by the Division of Grants Management prior to a Notice of Award being issued to any applicant selected for funding".

Applications are to be submitted electronically via www.Grants.gov. If a tribe/organization needs to submit a hardcopy/paper application, they must obtain a waiver from the IHS. Detailed eligibility, application criteria and contact information are contained in the announcement.

Please contact us if we may provide further information or assistance regarding the IHS FY 2016 Tribal Self-Governance Program planning cooperative agreements.

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Inquiries may be directed to:

Geoff Strommer (gstrommer@hobbsstraus.com or 503-242-1745)

Available Documents for Download ( any referenced attachments are included in download )


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