Key Considerations for ISDEAA Contracting and Compacting
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Geoffrey D. Strommer
Hobbs, Straus, Dean, & Walker, LLP
806 S.W. Broadway, Suite 900
Portland, OR 97205
10.
Process: How to set up the
best negotiation dynamic?
•
Tribal negotiating team: political,
administrative, legal and financial
•
Groundwork: adequate planning, clear
objectives, anticipate agency positions
•
Identify key players on agency side
9.
Process: How does the agency
review proposals, and what can
the Tribe do about rejections?
•
Title I proposal review/declination process
•
Title IV negotiation process: bootstrap
declination process
•
Title V proposal and final offer process
8.
Contract/Compact FA provisions:
What is the starting point?
•
Title I – Section 108 (mandatory contract)
•
Title IV – 25 CFR 1000.161-.165 (compact)
and Section 403 (funding Agreement)
•
Title V – Section 504 (compact) and Section
505 (funding agreement)
7.
Reporting and oversight
requirements: How to minimize
federal oversight.
•
Title I: mature v. non-mature contract;
audit, quarterly reports, negotiable
additional reports
•
Title IV: audit
•
Title V: audit; data reporting
6.
Reallocation of funds and
redesign of programs: How to
maximize flexibility.
•
Title I: no unilateral redesign; unilateral
reallocation
•
Titles IV and V: unilateral redesign and
reallocation
5.
Funding: What should be on the table?
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4.
Special considerations for IHS
agreements.
•
Construction programs
•
Services to non-beneficiaries
•
Use of third party reimbursements
•
ACA and IHCIA provisions
•
Buyback agreements
3.
Special considerations for
DOI/BIA agreements.
•
Scope of Title I and Title IV: discretionary
v. mandatory programs
•
Construction, trust and Indian reservation
roads programs
•
Law enforcement programs
2.
Scope of work: How to ensure
maximum FTCA coverage.
•
How FTCA works
•
Supplemental insurance
•
Importance of scope of work
•
Friction points:
–
Funded v. unfunded programs
–
Authorized v. unauthorized programs
1.
Contract support costs: How to
ensure full recovery.
•
History of underfunding: litigation
•
Current appropriation outlook
•
Ongoing policy development
•
IHS and BIA approaches to negotiations
•
ISDEAA agreement language
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Geoffrey D. Strommer
Hobbs, Straus, Dean, & Walker, LLP
806 S.W. Broadway, Suite 900
Portland, OR 97205
gstrommer@hobbsstraus.com
This resource provides valuable insights on crucial aspects to consider when dealing with ISDEAA contracting and compacting. Topics covered include negotiation dynamics, proposal review processes, contract/compact FA provisions, reporting and oversight requirements, reallocation of funds, and program redesign. The content emphasizes the importance of effective planning, identification of key players, and maximizing flexibility in funding allocation.
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Presentation Transcript
Issues to Look Out for on ISDEAA Contracting/Compacting Geoffrey D. Strommer Hobbs, Straus, Dean, & Walker, LLP 806 S.W. Broadway, Suite 900 Portland, OR 97205 gstrommer@hobbsstraus.com HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 1
10. Process: How to set up the best negotiation dynamic? Tribal negotiating team: political, administrative, legal and financial Groundwork: adequate planning, clear objectives, anticipate agency positions Identify key players on agency side HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 2
9. Process: How does the agency review proposals, and what can the Tribe do about rejections? Title I proposal review/declination process Title IV negotiation process: bootstrap declination process Title V proposal and final offer process HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 3
8. Contract/Compact FA provisions: What is the starting point? Title I Section 108 (mandatory contract) Title IV 25 CFR 1000.161-.165 (compact) and Section 403 (funding Agreement) Title V Section 504 (compact) and Section 505 (funding agreement) HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 4
7. Reporting and oversight requirements: How to minimize federal oversight. Title I: mature v. non-mature contract; audit, quarterly reports, negotiable additional reports Title IV: audit Title V: audit; data reporting HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 5
6. Reallocation of funds and redesign of programs: How to maximize flexibility. Title I: no unilateral redesign; unilateral reallocation Titles IV and V: unilateral redesign and reallocation HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 6
5. Funding: What should be on the table? Programs, Functions, Services & Activities 106 (a)(1) funds Area/Agency/HQ 106(a)(1)Tribal Shares Inherent Federal Functions Tribal Share Residual HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 7
4. Special considerations for IHS agreements. Construction programs Services to non-beneficiaries Use of third party reimbursements ACA and IHCIA provisions Buyback agreements HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 8
3. Special considerations for DOI/BIA agreements. Scope of Title I and Title IV: discretionary v. mandatory programs Construction, trust and Indian reservation roads programs Law enforcement programs HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 9
2. Scope of work: How to ensure maximum FTCA coverage. How FTCA works Supplemental insurance Importance of scope of work Friction points: Funded v. unfunded programs Authorized v. unauthorized programs HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 10
1. Contract support costs: How to ensure full recovery. History of underfunding: litigation Current appropriation outlook Ongoing policy development IHS and BIA approaches to negotiations ISDEAA agreement language HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 11
Questions? Geoffrey D. Strommer Hobbs, Straus, Dean, & Walker, LLP 806 S.W. Broadway, Suite 900 Portland, OR 97205 gstrommer@hobbsstraus.com HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA 12
