§5383 Selection of participating Indian tribes

Summary

Tribes that were part of the Tribal Self-Governance Demonstration Project on August 18, 2000 can choose to join this self-governance program now if their tribe’s governing body approves it. Each year, 50 more tribes that meet the rules can also join. If a tribe leaves a tribal consortium or organization, it can still join on its own if it meets the rules, and it must get its share of the money for programs it will take over. Leaving does not stop the consortium or organization from being eligible. To join, a tribe must finish a planning phase, ask to join by a resolution or other official action, and show three fiscal years of financial stability and good financial management. Showing no uncorrected major audit problems in the tribe’s annual audits of self‑determination contracts or self‑governance funding agreements for those three years counts as proof. The planning phase must include legal and budget research and internal planning to run health care programs. If money is available, tribes that meet the request-and-stability rules can get grants to help plan and to negotiate a compact and funding agreement, but getting a grant is not required to join.