Program Delegation #7

DEC. 17, 2004

AUTHORITY DELEGATED:

On July 10, 1995, the Assistant Secretary for Health (ASH), delegated to the Director, Indian Health Service (IHS), the authorities vested in the ASH under the former Title V of the Public Health Service (PHS) Act (42 United States Code (U.S.C.) 219 et seq.), as amended, which was later redesignated as Section 231, Title II, PHS Act under the National Institutes for Heath Revitalization Act of 1993, Public Law (P.L.) 103-43.

I hereby delegate to the individuals named below the authority under Section 231 of the PHS Act (42 U.S.C. 238), as amended, to accept conditional and unconditional monetary gifts and gifts of personal property, insofar as they apply to the functions of the IHS.

LIMITATIONS AND GUIDANCE:

This authority is to be exercised in accordance with the requirements of Section 231, PHS Act (42 U.S.C. 238), as amended, any other applicable statutes and regulations and policies of the Department of Health and Human Services, and Part 5, Chapter 22, Section 3, "Gifts Administration," Indian Health Manual.

1. The authority to accept gifts of land real property is retained by the ASH.
2. Offers of personal property shall not be accepted if the total costs associated with acceptance are expected to exceed the cost of purchasing a similar item plus the cost of normal care and maintenance.
3. Acceptable conditions for donations of articles, manuscripts, correspondence, and similar items to the IHS include reasonable restrictions set by donors; e.g., obtaining permission from the donor prior to the examination of donated materials by a third party or prohibiting the public availability of a collection of papers for a specified, reasonable period of time.

REDELEGATION:

Area Directors may redelegate to Chief Executive Officers the authority to accept conditional and unconditional monetary gifts and gifts of personal property valued up to $100,000 without the authority to redelegate.

SUPERSEDURE:

This delegation supersedes the Delegation of Authority to Accept Gifts Under Section 231 of the PHS Act (42 U.S.C. 238), as Amended, dated April 2, 2002, and Transmittal Notice 2002-02, dated April 2, 2002.

EFFECTIVE DATE:

This Delegation of Authority is effective on the date of signature.