The Department of Health and Human Services (HHS) has announced a tribal consultation call to discuss its notice of proposed rulemaking that would add new regulatory requirements to Indian Self-Determination and Education Assistance Act (ISDEAA) self-determination contracts and self-governance compacts entered into by tribes and tribal organizations. The call will be held Friday, December 9, 2016 at 3:00 p.m. EST.
The proposed rule would affect how HHS enforces remedies for non-compliance - including withholding cash payments and suspending or terminating federal awards. Tribal governments, NAFOA, and other organizations submitted comments requesting consultation. In NAFOA's comments, it was highlighted that the general HHS federal funding remedies for non-compliance in the proposed grant rules violates the ISDEAA. During the development of the Uniform Guidance, the OMB consulted with tribal governments, NAFOA, and other organizations to include language that made clear that other than the Single Audit Act, where a provision in the Uniform Guidance conflicts with the ISDEAA, that the ISDEAA provision would govern.
The tribal consultation record will remain open for 30 days after the consultation call and additional comments will be accepted. Please submit your written comments via email to email@example.com or contact Elizabeth Carr, Associate Director for Tribal Affairs, HHS by phone at (202) 260-6125.
For questions or comments please contact Jennifer Parisien at Jennifer@nafoa.org or (202) 558-8040.