Why I Should Attend?

Tribal organizations incur administrative overhead costs as part of providing essential governmental services, including operating federal programs. Public Law 93-638, the Indian Self-Determination Act, provides a unique mandate that requires federal agencies to provide full funding for tribal overhead costs. Congress appropriates special Contract Support Costs to cover these costs. But federal agencies, including the Bureau of Indian Affairs and Indian Health Service, failed to provide full funding for these costs. Consequently, Indian tribes successfully filed a series of lawsuits against the Bureau of Indian Affairs and Indian Health Service for not paying full Contract Support Costs. Tribes also have difficulty in receiving Indirect Cost funding for the federal discretionary grants (non-Self Determination awards).

Tribes and tribal organizations must have a good understanding of how Indirect Costs work and to learn how to negotiate these costs for their discretionary grants. Thus, it is incumbent upon tribes to have a good understanding of how Indirect Costs work and to learn how to negotiate these costs in their discretionary grants.

A recent U. S. Supreme Court decision in Salazar vs. Ramah Navajo Chapter, required that the Bureau of Indian Affairs and Indian Health Service must provide full funding. Both agencies recently revised their Contract Support Costs policies to cover rules on paying tribal overhead costs for awards under the Indian Self-Determination Act.

Who Should Attend?

Tribal council members, chartered organizations school boards, health boards, tribal, program directors and managers; tribal grants/contracts staff, finance and accounting staff; tribal attorneys, tribal consultants. Federal officials and federal awarding officials, federal contracting officers and their subordinates should also attend.

What Will I Learn?

  • Funding provisions in the Indian Self-Determination Act regarding Direct Costs and Contract Support Costs (Direct Contract Support Costs, Pre-Award Costs, Start-Up Costs)
  • Principles of indirect costs and indirect cost rates
  • How indirect cost rates work
  • Types of indirect cost rates, including fixed with-carry forward, final rates and provisional rates
  • What happens when funding agencies do not pay indirect costs
  • What happens when tribal councils waive indirect cost rates
  • Differences between Indian Self-Determination Act contracts and discretionary grants
  • Special Presentation: Current status of the Salazar v. Ramah Navajo settlement and distribution; and what is ahead in the future
  • Special Presentation: Detailed instruction on the new BIA & IHS Contract Support Cost Policies; and How to calculate Direct Contract Support Costs to add new funds to Self-Determination awards
  • Overview of new OMB regulations (2 CFR Part 200) with special focus on cost principles and single audits