25 U.S.C. § 5383: Selection of participating Indian tribes

Each Indian tribe that is participating in the Tribal Self-Governance Demonstration Project under title III 1 on 1 See References in Text note below. August 18, 2000 , may elect to participate in self-governance under this subchapter under existing authority as reflected in tribal resolution. In addition to those Indian tribes participating in self-governance under subsection (a) of this section, each year an additional 50 Indian tribes that meet the eligibility criteria specified in subsection (c) of this section shall be entitled to participate in self-governance. An Indian tribe that has withdrawn from participation in an inter-tribal consortium or tribal organization, in whole or in part, shall be entitled to participate in self-governance provided the Indian tribe meets the eligibility criteria specified in subsection (c) of this section. If an Indian tribe has withdrawn from participation in an inter-tribal consortium or tribal organization, that Indian tribe shall be entitled to its tribal share of funds supporting those programs, services, functions, and activities (or portions thereof) that the Indian tribe will be carrying out under the compact and funding agreement of the Indian tribe. In no event shall the withdrawal of an Indian tribe from an inter-tribal consortium or tribal organization affect the eligibility of the inter-tribal consortium or tribal organization to participate in self-governance. successfully completes the planning phase described in subsection (d) of this section; has requested participation in self-governance by resolution or other official action by the governing body of each Indian tribe to be served; and has demonstrated, for 3 fiscal years, financial stability and financial management capability. For purposes of this subsection, evidence that, during the 3-year period referred to in paragraph (1)(C), an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe’s self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required stability and capability. legal and budgetary research; and internal tribal government planning and organizational preparation relating to the administration of health care programs. to plan for participation in self-governance; and to negotiate the terms of participation by the Indian tribe or tribal organization in self-governance, as set forth in a compact and a funding agreement. Receipt of a grant under subsection (e) of this section shall not be a requirement of participation in self-governance.