What provisions of Title V apply to statutorily mandated grants added to the funding agreement?
Once the grant is awarded and added to the funding agreement, unless provided otherwise in these regulations, all provisions of Title V and these regulations shall apply. Federal Position: The Department firmly believes that statutorily mandated grants are, and must remain, subject to the terms and conditions of the statute mandating the grant, the grant award, and the Department’s grant regulations. The Federal position is that section 505(b)(1) distinguishes between two types of grants: “discretionary IHS competitive grants” and “Congressionally earmarked competitive grants.” Discretionary IHS competitive grants are defined in the proposed regulations as “grants established by IHS pursuant to IHS’ discretionary authority without any statutory directive.” See § 137.10) Section 505(b)(1) specifically authorizes Self-Governance Tribes to negotiate their full Tribal share funding for such grants and receive that funding along with funding for other PSFAs as part of the negotiation and aw
