
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458bb]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
       Part D--Tribal Self-Governance--Department of the Interior
 
Sec. 458bb. 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 part and cease participation in the Tribal Self-
Governance Demonstration Project under title III \1\ with respect to the 
Department of the Interior.
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    \1\ See References in Text note below.
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(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, Sec. 402, as added Pub. L. 103-413, title II, 
Sec. 204, Oct. 25, 1994, 108 Stat. 4272; amended Pub. L. 104-208, div. 
A, title I, Sec. 101(d) [title I, Sec. 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, 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.


                               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.''
