View all text of Subchapter V [§ 5381 - § 5399]
§ 5383. Selection of participating Indian tribes
(a) Continuing participation
(b) Additional participants
(1) In general
(2) Treatment of certain Indian tribes
(A) In general
(B) Effect of withdrawal
(C) Participation 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) of this section;
(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
(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) of this section 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
(Pub. L. 93–638, title V, § 503, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 714.)