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Our firm assisted a tribe in its successful effort to secure a Forest Service decision banning rock climbing on Cave Rock, a significant tribal cultural site, and filed an amicus brief in Access Fund v. U.S. Department of Agriculture in support of the Forest Service’s decision, which was upheld.

General Memorandum 16-022

General Memorandum 16-022
IHS FY 2016 Self-Governance Program Negotiation Cooperative Agreements

On March 23, 2016, the Indian Health Service (IHS) published in the FEDERAL REGISTER a notice of the availability of FY 2016 cooperative agreements for negotiation 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/2016-06556.pdf.

The purpose of the negotiation cooperative agreement is to defray some of the costs tribes incur in preparing for and negotiating compacts and funding agreements. A tribe is not required to have had a negotiation agreement in order to enter the TSGP.

There is $240,000 available to fund approximately five tribes to enter the TSGP negotiation process for compacts. Awards are expected to be $48,000 each for a 12-month project period.

To be eligible for a negotiation cooperative 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 are deemed Alaska Native regional health entities) already participating in the Alaska Tribal Health Compact in 1998.

With regard to the submission of resolutions 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 notice.

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