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Code · STATUTE-COMPILATIONS · Indian Self-Determination and Education Assistance Act · Sec. 503

Sec. 503. SELECTION OF PARTICIPATING INDIAN TRIBES

526 words·~2 min read·/statute-compilations/comps-10401/sec-503

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## SEC. 503 SELECTION OF PARTICIPATING INDIAN TRIBES **[**[25 U.S.C. 5383](/us/usc/t25/s5383)**]** ###
(a)Continuing Participation Each Indian tribe that is participating in the Tribal Self-Governance Demonstration Project under title III on the date of the enactment of this title may elect to participate in self-governance under this title 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), each year an additional 50 Indian tribes that meet the eligibility criteria specified in subsection
(c)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(A)In general An Indian tribe that has withdrawn from participation in an inter-tribal consortium or tribal organization, in whole or in part, shall be entitled to participate in self-governance provided the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). #####
(B)Effect of withdrawal If an Indian tribe has withdrawn from participation in an inter-tribal consortium or tribal organization, that Indian tribe shall be entitled to its tribal share of funds supporting those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); #####
(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)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)shall not be a requirement of participation in self-governance.
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Sec. 503
SELECTION OF PARTICIPATING INDIAN TRIBES
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