Program Delegation #8

September 5, 2017

AUTHORITY DELEGATED

Pursuant to the authorities delegated to the Director, Indian Health Service (IHS) as specified in the Reorganization Order of January 4, 1988 (52 FR 47053), which elevated the IHS to a Public Health Service Agency, I hereby delegate to the positions listed below the following authorities under the Indian Sanitation Facilities Act, Public Law 86-121:

1. To accept and approve projects for the construction of sanitation facilities under Public Law 86-121;
2. To make arrangements and agreements with appropriate public authorities and non-profit organizations or agencies and with the Indians to be served and any other person served by sanitation facilities provided under the Act regarding contributions and the acceptance of such contributions toward the construction, improvement, extension, and provision of sanitation facilities and responsibilities for maintenance thereof;
3. To obtain in the name of the Tribe, band, or group to benefit from the facilities, rights-of-way, easements, water rights, and related interests in land, other than title, from the Bureau of Indian Affairs, Department of the Interior, and from others as required for project execution by purchase, lease, gift, exchange or otherwise as authorized by section 7(a)(2) of Public Law 86-121; and
4. To transfer sanitation facilities provided under Public Law 86-121 together with appurtenant water rights, easements, rights-of-way, and related interests in land, other than title, to any state or subdivision or public authority thereof, or to any Indian Tribe, group, band, or community, or in the case of domestic appurtenances and fixtures, to any one or more of the occupants of the Indian homes served thereby.

TO WHOM DELEGATED

Deputy Director, IHS
Deputy Director for Field Operations
Director, Office of Environmental Health and Engineering
Director, Division of Sanitation Facilities Construction
Area Directors

AUTHORITY TO REDELEGATE

These authorities may be redelegated.

RESTRICTIONS AND LIMITATIONS

In exercising the authority delegated in number 1, you shall not approve or undertake projects having an aggregate total estimated cost in excess of funds allowed to the Area for the project category involved.  Projects shall conform to the policies set forth in the Indian Health Manual, Part 3, Chapter 11, Environmental Health, and the "Criteria for Sanitation Facilities Construction."  Authority is also granted to approve the transfer of sanitation facilities construction project funds from one projects account to another for the purpose of applying savings from certain projects to meet the unforeseen fund deficiencies of other projects; provided that funds allowed for projects to assist housing programs shall not be transferred to regular or special project accounts.

These authorities shall be exercised through the chain-of-command and in accordance with all applicable laws, regulations, and policy directives issued by the Secretary of Health and Human Services and IHS.

SUPERSESSION

This delegation supersedes the previous delegation of authority located in Indian Health Manual Program Delegation #8, dated April 25, 2006.

EFFECTIVE DATE

This delegation is effective upon date of signature.

Addressees:

Deputy Director, IHS
Deputy Director for Field Operations
Director, Office of Environmental Health and Engineering
Director, Division of Sanitation Facilities Construction
Area Directors