93.210: Tribal Self-Governance Program: IHS Compacts/Funding Agreements

93.210

Active

Indian Health Service (IHS) [HHS]

Aug. 18, 2022

Aug. 18, 2022

To allow Federally recognized Indian Tribes to enter into an agreement with the Indian Health Service (IHS) to assume full funding and control over programs, services, functions and activities (PSFA) (or portions thereof) that the IHS would otherwise provide for Indians because of their status as Indians. Such assumptions shall be through compact and funding agreement or construction project agreement under Title V of the ISDEAA.

C - Direct Payments for Specified Use

Per 42 CFR § 137.18, to be eligible to participate in the IHS Tribal Self-Governance Program (Program), any Federally recognized Indian tribe must: (a) successfully complete the planning phase described in 42 CFR § 137.20; (b) request participation in the Program by resolution or other official action by the governing body of each Indian tribe to be served; and (c) demonstrate financial stability and financial management capability for three fiscal years. Per 42 CFR § 137.21, the Indian tribe provides evidence that, for the three years prior to participation in the Program, 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 funding agreements with any federal agency. Per 42 CFR § 137.22, if the Indian Tribe chooses to centralize its self-determination or self-governance financial and administrative functions with non-self-determination or non-self-governance financial and administrative functions, such as personnel, payroll, property management, etc., the Secretary may consider uncorrected significant and material audit exceptions related to the integrity of a cross-cutting centralized function in determining the Indian Tribe's eligibility for participation in the self-governance program. Per 42 CFR § 137.26, an Indian tribe does not need to receive a planning or negotiation cooperative agreement to be eligible to participate in the IHS Tribal Self-Governance Program. An Indian tribe may use other resources to meet the planning requirement and to negotiate. Under 25 U.S.C. § 458aaa-2(b)(1), each year, an additional 50 Indian tribes that meet the eligibility criteria are entitled to participate in the IHS Tribal Self-Governance Program.

Federally-recognized Indian tribes and tribal organizations (as defined in 25 U.S.C. § 458aaa-(b)) may benefit.

https://sam.gov/fal/bb34e07e270546dab58554f44729c648/view