2016 US Code
Title 25 - Indians
Chapter 46 - Indian Self-Determination and Education Assistance
Subchapter IV - Tribal Self-Governance-Department of the Interior
Sec. 5362 - Selection of participating Indian tribes
25 U.S.C. § 5362 (2016) |
§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 poolThe 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. 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. CODIFICATIONSection was formerly classified to section 458bb of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS1996—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. |
United States Code, 2012 Edition, Supplement 4, Title 25 - INDIANS |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 25 - INDIANS CHAPTER 46 - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE SUBCHAPTER IV - TRIBAL SELF-GOVERNANCE-DEPARTMENT OF THE INTERIOR Sec. 5362 - Selection of participating Indian tribes |
section 5362 |
2016 |
January 6, 2017 |
No |
standard |
102 Stat. 2296 108 Stat. 4272 110 Stat. 3009-181 114 Stat. 734 |
Public Law 93-638, Public Law 100-472, Public Law 103-413, Public Law 104-208, Public Law 106-260 |