25 U.S. Code § 458aaa–2 - Selection of participating Indian tribes
(a) Continuing participation
Each Indian tribe that is participating in the Tribal Self-Governance Demonstration Project under title III  on August 18, 2000, may elect to participate in self-governance under this part under existing authority as reflected in tribal resolution.
(b) Additional participants
(1) In general
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.
(2) Treatment of certain Indian tribes
(A) In general
An Indian tribe that has withdrawn from participation in an inter-tribal consortium or tribal organization, in whole or in part, shall be entitled to participate in self-governance provided the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.
(B) Effect of withdrawal
If an Indian tribe has withdrawn from participation in an inter-tribal consortium or tribal organization, that Indian tribe shall be entitled to its tribal share of funds supporting those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.
(c) Applicant pool
(1) In general
The qualified applicant pool for self-governance shall consist of each Indian tribe that—
(B) has requested participation in self-governance by resolution or other official action by the governing body of each Indian tribe to be served; and
(2) Criteria for determining financial stability and financial management capacity
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.
(d) Planning phase
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—
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—
(f) Receipt of grant not required
Receipt of a grant under subsection (e) of this section shall not be a requirement of participation in self-governance.
 See References in Text note below.
Source(Pub. L. 93–638, title V, § 503, as added Pub. L. 106–260, § 4,Aug. 18, 2000, 114 Stat. 714.)
References in Text
Title III, referred to in subsec. (a), means title III of Pub. L. 93–638, as added by Pub. L. 100–472, title II, § 209,Oct. 5, 1988, 102 Stat. 2296, and amended, which was set out as a note under section 450f of this title prior to repeal by Pub. L. 106–260, § 10,Aug. 18, 2000, 114 Stat. 734.
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