[USC02] 25 USC 5362: Selection of participating Indian tribes
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25 USC 5362: Selection of participating Indian tribes Text contains those laws in effect on August 12, 2020
From Title 25-INDIANSCHAPTER 46-INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCESUBCHAPTER IV-TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR

§5362. Selection of participating Indian tribes

(a) Continuing participation

Each Indian tribe that is participating in the Tribal Self-Governance Demonstration Project at the Department of the Interior under title III 1 on October 25, 1994, shall thereafter participate in Self-Governance under this subchapter and cease participation in the Tribal Self-Governance Demonstration Project under title III 1 with respect to the Department of the Interior.

(b) Additional participants

(1) In addition to those Indian tribes participating in self-governance under subsection (a) of this section, the Secretary, acting through the Director of the Office of Self-Governance, may select up to 50 new tribes per year from the applicant pool described in subsection (c) of this section to participate in self-governance.

(2) If each tribe requests, two or more otherwise eligible Indian tribes may be treated as a single Indian tribe for the purpose of participating in Self-Governance as a consortium.

(c) Applicant pool

The qualified applicant pool for Self-Governance shall consist of each tribe that-

(1) successfully completes the planning phase described in subsection (d) of this section;

(2) has requested participation in Self-Governance by resolution or other official action by the tribal governing body; and

(3) has demonstrated, for the previous three fiscal years, financial stability and financial management capability as evidenced by the tribe having no material audit exceptions in the required annual audit of the self-determination contracts of the tribe.

(d) Planning phase

Each Indian tribe seeking to begin participation in Self-Governance shall complete a planning phase in accordance with this subsection. The tribe shall be eligible for a grant to plan and negotiate participation in Self-Governance. The planning phase shall include-

(1) legal and budgetary research; and

(2) internal tribal government planning and organizational preparation.

(Pub. L. 93–638, title IV, §402, as added Pub. L. 103–413, title II, §204, Oct. 25, 1994, 108 Stat. 4272 ; amended Pub. L. 104–208, div. A, title I, §101(d) [title I, §117], Sept. 30, 1996, 110 Stat. 3009–181 , 3009-201.)

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 , which was set out as a note under former section 450f of this title prior to repeal by Pub. L. 106–260, §10, Aug. 18, 2000, 114 Stat. 734 .

Codification

Section was formerly classified to section 458bb of this title prior to editorial reclassification and renumbering as this section.

Amendments

1996-Subsec. (b)(1). Pub. L. 104–208 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "In addition to those Indian tribes participating in Self-Governance under subsection (a) of this section, the Secretary, acting through the Director of the Office of Self-Governance, may select up to 20 new tribes per year from the applicant pool described in subsection (c) of this section to participate in Self-Governance."

1 See References in Text note below.