25 USC 5362 - Tribal Self-Governance Program

U.S Code last checked for updates: Apr 28, 2024

§ 5362.

Tribal Self-Governance Program

(a)

Establishment

(b)

Selection of participating Indian Tribes

(1)

In general

(A)

Eligibility

(B)

Joint participation

(2)

Other authorized Indian Tribe or Tribal organization

(3)

Joint participation as organization

Two or more Indian Tribes that are not otherwise eligible under subsection (c) may be treated as a single Indian Tribe for the purpose of participating in self-governance as a Tribal organization if—

(A)

each Indian Tribe so requests; and

(B)

the Tribal organization itself, or at least one of the Indian Tribes participating in the Tribal organization, is eligible under subsection (c).

(4)

Tribal withdrawal from a Tribal organization

(A)

In general

(B)

Effect of withdrawal

(C)

Participation in self-governance

(D)

Withdrawal process

(i)

In general

(ii)

Notification

(iii)

Effective date

(I)

In general

(II)

No specified date

In the absence of a date specified in the resolution, the withdrawal shall become effective on—

(aa)

the earlier of—

(AA)

1 year after the date of submission of the request; and

(BB)

the date on which the funding agreement expires; or

(bb)

such date as may be mutually agreed upon by the Secretary, the withdrawing Indian Tribe, and the Tribal organization that signed the compact and funding agreement on behalf of the withdrawing Indian Tribe or Tribal organization.

(E)

Distribution of funds

If an Indian Tribe or Tribal organization eligible to enter into a self-determination contract or a compact or funding agreement fully or partially withdraws from a participating Tribal organization, the withdrawing Indian Tribe—

(i)

may elect to enter into a self-determination contract or compact, in which case—

(I)

the withdrawing Indian Tribe or Tribal organization shall be entitled to its Tribal share of unexpended funds and resources supporting the programs that the Indian Tribe will be carrying out under its own self-determination contract or compact and funding agreement (calculated on the same basis as the funds were initially allocated to the funding agreement of the Tribal organization); and

(II)

the funds referred to in subclause (I) shall be withdrawn by the Secretary from the funding agreement of the Tribal organization and transferred to the withdrawing Indian Tribe, on the condition that sections 5321 and 5324(i) of this title, as appropriate, shall apply to the withdrawing Indian Tribe; or

(ii)

may elect not to enter into a self-determination contract or compact, in which case all unexpended funds and resources associated with the withdrawing Indian Tribe’s returned programs (calculated on the same basis as the funds were initially allocated to the funding agreement of the Tribal organization) shall be returned by the Tribal organization to the Secretary for operation of the programs included in the withdrawal.

(F)

Return to mature contract status

(c)

Eligibility

To be eligible to participate in self-governance, an Indian Tribe shall—

(1)

successfully complete the planning phase described in subsection (d);

(2)

request participation in self-governance by resolution or other official action by the Tribal governing body; and

(3)

demonstrate, for the 3 fiscal years preceding the date on which the Indian Tribe requests participation, financial stability and financial management capability as evidenced by the Indian Tribe having no uncorrected significant and material audit exceptions in the required annual audit of its self-determination or self-governance agreements with any Federal agency.

(d)

Planning phase

(1)

In general

(2)

Activities

The planning phase shall—

(A)

be conducted to the satisfaction of the Indian Tribe; and

(B)

include—

(i)

legal and budgetary research; and

(ii)

internal Tribal government planning, training, and organizational preparation.

(e)

Grants

(1)

In general

Subject to the availability of appropriations, an Indian Tribe or Tribal organization that meets the requirements of paragraphs (2) and (3) of subsection (c) shall be eligible for grants—

(A)

to plan for participation in self-governance; and

(B)

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.

(2)

Receipt of grant not required

(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; Pub. L. 116–180, title I, § 101(c), Oct. 21, 2020, 134 Stat. 859.)

cite as: 25 USC 5362