25 U.S.C. § 5383 — Selection of participating Indian tribes
submitted 26 years ago by Pub. L. 93-638 to r/title-25-INDIANS · 510 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Each Indian tribe* that is participating in the Tribal Self-Governance* Demonstration Project under title III 1 on 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An Indian tribe that has withdrawn from participation in an inter-tribal consortium* or tribal organization, in whole or in part, shall be entitled to participate in self-governance provided the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If an Indian tribe has withdrawn from participation in an inter-tribal consortium or tribal organization, that Indian tribe shall be entitled to its tribal share* of funds supporting those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.
The qualified applicant pool for self-governance shall consist of each Indian tribe that—
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.
Each Indian tribe seeking participation in self-governance shall complete a planning phase. The planning phase shall be conducted to the satisfaction of the Indian tribe and shall include—
legal and budgetary research; and
internal tribal government planning and organizational preparation relating to the administration of health care programs.
Subject to the availability of appropriations, any Indian tribe meeting the requirements of paragraph (1)(B) and (C) of subsection (c) of this section shall be eligible for grants—
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.
Source credit: (Pub. L. 93–638, title V, § 503, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 714.)
- 2000Enacted · Pub. L. 93-638 · 114 Stat. 714
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-638 on 2000-08-18.
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