Health and Human Services Logo DEPARTMENT OF HEALTH AND HUMAN SERVICES             Public Health Service

Indian Health Service
Rockville MD 20857

SGM 97-1

DEC - 4, 1997

TO: See Below

 
FROM: Director

 
SUBJECT: New Federally Recognized/Restored Tribes Policy

 
This memorandum establishes the Indian Health Service (IHS) policy and procedures for addressing newly recognized tribes.  When a tribe is newly recognized, restored, or acknowledged by the Federal Government, Area Directors are responsible for ensuring that:

 
1. There is consideration of the health care program needs of the new tribe within the context of all funds, activities, and programs currently available to tribes previously recognized by the Federal Government and served by the IHS.

 
2. Staff members are designated to work with the new tribe to plan an appropriate health care delivery system that reflects the health care needs of the newly recognized tribe and the health care resources available to the newly recognized tribe.

 
3. Assistance is provided to the newly recognized tribe in securing program funding, including planning funds, through the appropriation process.

 
4. Services available at IHS-operated/funded facilities or programs are provided to members of the newly recognized tribe on the same basis as services are provided to other eligible Indians.

 
Upon verification that a tribe has been newly recognized, I will assign administrative responsibility for the above actions to the appropriate Area Director. The notification from me shall include information on the newly recognized tribe's current status with regard to the existence of a reservation and/or a contract health service delivery area (CHSDA); the eligibility of the tribe and its members for IHS programs, including direct and contract services; any unique provisions included in the tribe's recognition; and special instructions necessary to implement the above policy.

The designated Area Director is responsible for: (1) developing the plan for an appropriate tribal health care delivery system, including short-term and long-term needs; (2) preparing a budget

request for funding through either the regular or the supplemental appropriations process; and (3) identifying any Area funds that are available for interim funding for planning and services.

The above must be accomplished with maximum tribal involvement and consultation as soon as is practical after notice of the tribe's recognition. All these activities shall be supported by the appropriate Headquarters components.

Appropriation requests must include, in addition to the costs for health services, estimates of Area administrative expenses to serve the new tribe. The funding requests shall be based in part on an estimate of the number of people who are members of or otherwise affiliated with the new tribe and who reside within the tribe's expected CHSDA, if any. Population estimates must be based on tribal rolls, Bureau of Indian Affairs' figures, census enumerations, or other similar identified sources.

Once developed, a request for funding must be forwarded to the Division of Financial Management, Office of Management Support, for inclusion in either the regular or supplemental budget process, whichever is first.

In regard to providing interim funding, it must be clearly delineated for the newly recognized tribes that any interim funding available is non-recurring, and may not be made available when doing so would have the effect of substantially reducing services to, or the funding of, previously recognized and funded tribes. It must also be clearly delineated that future funding cannot be assured in the absence of congressional action providing specific direction for the funding of the new tribe.

The above policy and procedures are effective immediately and shall continue in effect until superseded or rescinded by official notice.

    Signature of Michael H. Trujillo, M.D., M.P.H., M.S., Assistant Surgeon General

    Addressees: Executive Staff
    Area Directors
    Headquarters Office Directors
    Functional Area Managers, IHS