
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458aaa-2]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
          Part E--Tribal Self-Governance--Indian Health Service
 
Sec. 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 \1\ on August 18, 2000, 
may elect to participate in self-governance under this part under 
existing authority as reflected in tribal resolution.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(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            An Indian tribe that has withdrawn from participation in an 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            If an Indian tribe has withdrawn from participation in an 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) Participation in self-governance

            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.

(c) Applicant pool

                           (1) In general

        The qualified applicant pool for self-governance shall consist 
    of each Indian tribe that--
            (A) successfully completes the planning phase described in 
        subsection (d) of this section;
            (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
            (C) has demonstrated, for 3 fiscal years, financial 
        stability and financial management capability.

        (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--
        (1) legal and budgetary research; and
        (2) internal tribal government planning and organizational 
    preparation relating to the administration of health care programs.

(e) Grants

    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--
        (1) to plan for participation in self-governance; and
        (2) 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.

(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.

(Pub. L. 93-638, title V, Sec. 503, as added Pub. L. 106-260, Sec. 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, Sec. 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, Sec. 10, Aug. 18, 
2000, 114 Stat. 734.

                          Codification

    Another section 503 of Pub. L. 93-638, as added by Pub. L. 106-568, 
title XIII, Sec. 1302, Dec. 27, 2000, 114 Stat. 2938, is classified to 
section 458bbb-2 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 458aaa-6 of this title.
