Page:United States Statutes at Large Volume 108 Part 5.djvu/782

 108 STAT. 4272 PUBLIC LAW 103-413—OCT. 25, 1994 "TITLE IV—TRIBAL SELF-GOVERNANCE 25 USC 458aa. "SEC. 401. ESTABLISHMENT. "The Secretary of the Interior (hereinafter in this title referred to as the 'Secretary') shall establish and carry out a program within the Department of the Interior to be known as Tribal Self-Governance (hereinafter in this title referred to as 'Self-Governance') in accordance with this title. 25 USC 458bb. "SEC. 402. 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 on the date of enactment of this title shall thereafter participate in Self-Governance under this title and cease participation in the Tribal Self- Governance Demonstration Project under title III 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), 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) 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 POOL. —The qualified applicant pool for Self- Governance shall consist of each tribe that— "(1) successfully completes the planning phase described in subsection (d); "(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. "(d) PLANNING PHASE. —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. 25 USC 458CC. "SEC. 403. FUNDING AGREEMENTS. "(a) AUTHORIZATION. — The Secretary shall negotiate and enter into an annual written funding agreement with the governing body of each participating tribal government in a manner consistent with the Federal Government's laws and trust relationship to and responsibility for the Indian people. "(b) CONTENTS. —Each funding agreement shall— "(1) authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior through the Bureau of Indian Affairs, without regard to the

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