Tribal Self-Governance Program Negotiation Cooperative Agreement

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The purpose of this Negotiation Cooperative Agreement is to provide resources to Tribes to help defray the costs involved in and preparing for the Tribal Self-Governance Program (TSGP) negotiations process. Title V of the ISDEAA requires that a Tribe or Tribal Organization complete a planning phase to the satisfaction of the Tribe. Negotiations are a dynamic, evolving, and tribally driven process that requires careful planning and preparation by both parties, including the sharing of precise, up-to-date information. Because each Tribal situation is unique, a Tribe's successful transition into the TSGP requires focused discussions between the Federal and Tribal negotiation team about the Tribe's specific health care concerns and plans. The design of the negotiation process: 1) enables a Tribe to set its own priorities when assuming responsibility for IHS PSFAs, 2) observes the government-to-government relationship between the United States and each Tribe, and 3) involves the active participation of both Tribal and Indian Health Service (IHS) representatives, including the IHS Office of Tribal Self-Governance (OTSG). The process for entering the TSGP has four major stages: planning, pre-negotiations, negotiations, and post-negotiations. During pre-negotiations, the Tribal and Federal negotiation teams review and discuss issues identified during the planning phase. A draft Compact, Funding Agreement, and funding table are developed, typically by the Tribe, and distributed to both the Tribal and Federal negotiation teams. These draft documents are used as the basis for pre and final negotiations. Pre-negotiations provide an opportunity for the Tribe and the IHS to identify and discuss issues directly related to the Tribe's Compact, Funding Agreement and Tribal shares. At final negotiations, Tribal and Federal negotiations teams come together to determine and agree upon the terms and provisions of the Tribes Compact and Funding Agreement. The Tribal negotiation team may include a Tribal leader from the governing body (or a designee), the Tribal Health Director, technical and program staff, legal counsel and other consultants. The Federal negotiation team is led by the Area Lead Negotiator (ALN) and generally includes an OTSG Program Analyst, a member of the Office of General Counsel, and may also include other IHS staff and subject matter experts as needed. The ALN is the only member of the Federal negotiation team with delegated authority to negotiate on behalf of the IHS Director. These negotiations provide the opportunity for both sides to work together in good faith to enhance each Self-Governance agreement. Negotiations are not an allocation process; they provide an opportunity to mutually review and discuss budget and program issues. As issues arise, both negotiation teams work through the issues to reach agreement on the final documents. After negotiations are complete, the Compact and Funding Agreement are signed by the authorizing Tribal official and submitted to the ALN, who then reviews the final package to ensure each document accurately reflects what was agreed to during negotiations. Once the ALN completes this review, the final package is submitted to the OTSG to be prepared for the IHS Director's signature. Once the Compact and Funding Agreement have been signed by both parties, they become legally binding and enforceable agreements and the negotiating Tribe becomes a "Self-Governance Tribe," and a participant in the TSGP.

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