---
kind: "section"
citation: "25 U.S.C. § 5362"
title: "25"
title_heading: "Indians"
number: "5362"
heading: "Tribal Self-Governance Program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5362"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter IV — Tribal Self-Governance—department of the Interior"
---

# §5362. Tribal Self-Governance Program

- (a) **Establishment—** The [Secretary](/usc/25/5361.md?p=9) shall establish and carry out a [program](/usc/25/5361.md?p=8) within the [Department](/usc/25/5361.md?p=3) to be known as the “Tribal [Self-Governance](/usc/25/5361.md?p=11) [Program](/usc/25/5361.md?p=8)”.
- (b) **Selection of participating Indian Tribes—**
  - (1) **In general—**
    - (A) **Eligibility—** The [Secretary](/usc/25/5361.md?p=9), acting through the Director of the Office of [Self-Governance](/usc/25/5361.md?p=11), may select not more than 50 new [Indian Tribes](/usc/25/5381.md?p=b) per year from those tribes eligible under [subsection (c)](#c) to participate in [self-governance](/usc/25/5361.md?p=11).
    - (B) **Joint participation—** On the request of each participating [Indian Tribe](/usc/25/5381.md?p=b), 2 or more otherwise eligible [Indian Tribes](/usc/25/5381.md?p=b) may be treated as a single [Indian Tribe](/usc/25/5381.md?p=b) for the purpose of participating in [self-governance](/usc/25/5361.md?p=11).
  - (2) **Other authorized Indian Tribe or Tribal organization—** If an [Indian Tribe](/usc/25/5381.md?p=b) authorizes another [Indian Tribe](/usc/25/5381.md?p=b) or a Tribal organization to plan for or carry out a [program](/usc/25/5361.md?p=8) on its behalf under this subchapter, the authorized [Indian Tribe](/usc/25/5381.md?p=b) or Tribal organization shall have the rights and responsibilities of the authorizing [Indian Tribe](/usc/25/5381.md?p=b) (except as otherwise provided in the authorizing resolution).
  - (3) **Joint participation as organization—** Two or more [Indian Tribes](/usc/25/5381.md?p=b) that are not otherwise eligible under [subsection (c)](#c) may be treated as a single [Indian Tribe](/usc/25/5381.md?p=b) for the purpose of participating in [self-governance](/usc/25/5361.md?p=11) as a Tribal organization if—
    - (A) each [Indian Tribe](/usc/25/5381.md?p=b) so requests; and
    - (B) the Tribal organization itself, or at least one of the [Indian Tribes](/usc/25/5381.md?p=b) participating in the Tribal organization, is eligible under [subsection (c)](#c).
  - (4) **Tribal withdrawal from a Tribal organization—**
    - (A) **In general—** An [Indian Tribe](/usc/25/5381.md?p=b) that withdraws from participation in a Tribal organization, in whole or in part, shall be entitled to participate in [self-governance](/usc/25/5361.md?p=11) if the [Indian Tribe](/usc/25/5381.md?p=b) is eligible under [subsection (c)](#c).
    - (B) **Effect of withdrawal—** If an [Indian Tribe](/usc/25/5381.md?p=b) withdraws from participation in a Tribal organization, the [Indian Tribe](/usc/25/5381.md?p=b) shall be entitled to its [Tribal share](/usc/25/5361.md?p=12) of funds and resources supporting the [programs](/usc/25/5361.md?p=8) that the [Indian Tribe](/usc/25/5381.md?p=b) is entitled to carry out under the [compact](/usc/25/5361.md?p=1) and [funding agreement](/usc/25/5361.md?p=4) of the [Indian Tribe](/usc/25/5381.md?p=b).
    - (C) **Participation in self-governance—** The withdrawal of an [Indian Tribe](/usc/25/5381.md?p=b) from a Tribal organization shall not affect the eligibility of the Tribal organization to participate in [self-governance](/usc/25/5361.md?p=11) on behalf of one or more other [Indian Tribes](/usc/25/5381.md?p=b), if the Tribal organization still qualifies under [subsection (c)](#c).
    - (D) **Withdrawal process—**
      - (i) **In general—** An [Indian Tribe](/usc/25/5381.md?p=b) may, by Tribal resolution, fully or partially withdraw its [Tribal share](/usc/25/5361.md?p=12) of any [program](/usc/25/5361.md?p=8) in a [funding agreement](/usc/25/5361.md?p=4) from a participating Tribal organization.
      - (ii) **Notification—** The [Indian Tribe](/usc/25/5381.md?p=b) shall provide a copy of the Tribal resolution described in [clause (i)](#b-4-D-i) to the [Secretary](/usc/25/5361.md?p=9).
      - (iii) **Effective date—**
        - (I) **In general—** A withdrawal under [clause (i)](#b-4-D-i) shall become effective on the date that is specified in the Tribal resolution and mutually agreed upon by the [Secretary](/usc/25/5361.md?p=9), the withdrawing [Indian Tribe](/usc/25/5381.md?p=b), and the Tribal organization that signed the [compact](/usc/25/5361.md?p=1) and [funding agreement](/usc/25/5361.md?p=4) on behalf of the withdrawing [Indian Tribe](/usc/25/5381.md?p=b) or Tribal organization.
        - (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](/usc/25/5361.md?p=4) expires; or
          - (bb) such date as may be mutually agreed upon by the [Secretary](/usc/25/5361.md?p=9), the withdrawing [Indian Tribe](/usc/25/5381.md?p=b), and the Tribal organization that signed the [compact](/usc/25/5361.md?p=1) and [funding agreement](/usc/25/5361.md?p=4) on behalf of the withdrawing [Indian Tribe](/usc/25/5381.md?p=b) or Tribal organization.
    - (E) **Distribution of funds—** If an [Indian Tribe](/usc/25/5381.md?p=b) or Tribal organization eligible to enter into a [self-determination contract](/usc/25/5361.md?p=10) or a [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4) fully or partially withdraws from a participating Tribal organization, the withdrawing [Indian Tribe](/usc/25/5381.md?p=b)—
      - (i) may elect to enter into a [self-determination contract](/usc/25/5361.md?p=10) or [compact](/usc/25/5361.md?p=1), in which case—
        - (I) the withdrawing [Indian Tribe](/usc/25/5381.md?p=b) or Tribal organization shall be entitled to its [Tribal share](/usc/25/5361.md?p=12) of unexpended funds and resources supporting the [programs](/usc/25/5361.md?p=8) that the [Indian Tribe](/usc/25/5381.md?p=b) will be carrying out under its own [self-determination contract](/usc/25/5361.md?p=10) or [compact](/usc/25/5361.md?p=1) and [funding agreement](/usc/25/5361.md?p=4) (calculated on the same basis as the funds were initially allocated to the [funding agreement](/usc/25/5361.md?p=4) of the Tribal organization); and
        - (II) the funds referred to in [subclause (I)](#b-4-E-i-I) shall be withdrawn by the [Secretary](/usc/25/5361.md?p=9) from the [funding agreement](/usc/25/5361.md?p=4) of the Tribal organization and transferred to the withdrawing [Indian Tribe](/usc/25/5381.md?p=b), on the condition that sections [5321](/usc/25/5321.md) and [5324(i)](/usc/25/5324.md?p=i) of this title, as appropriate, shall apply to the withdrawing [Indian Tribe](/usc/25/5381.md?p=b); or
      - (ii) may elect not to enter into a [self-determination contract](/usc/25/5361.md?p=10) or [compact](/usc/25/5361.md?p=1), in which case all unexpended funds and resources associated with the withdrawing [Indian Tribe](/usc/25/5381.md?p=b)’s returned [programs](/usc/25/5361.md?p=8) (calculated on the same basis as the funds were initially allocated to the [funding agreement](/usc/25/5361.md?p=4) of the Tribal organization) shall be returned by the Tribal organization to the [Secretary](/usc/25/5361.md?p=9) for operation of the [programs](/usc/25/5361.md?p=8) included in the withdrawal.
    - (F) **Return to mature contract status—** If an [Indian Tribe](/usc/25/5381.md?p=b) elects to operate all or some [programs](/usc/25/5361.md?p=8) carried out under a [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4) under this subchapter through a [self-determination contract](/usc/25/5361.md?p=10) under subchapter I, at the option of the [Indian Tribe](/usc/25/5381.md?p=b), the resulting [self-determination contract](/usc/25/5361.md?p=10) shall be a mature [self-determination contract](/usc/25/5361.md?p=10) as long as the [Indian Tribe](/usc/25/5381.md?p=b) meets the requirements set forth in [section 5304(h) of this title](/usc/25/5304.md?p=h).
- (c) **Eligibility—** To be eligible to participate in [self-governance](/usc/25/5361.md?p=11), an [Indian Tribe](/usc/25/5381.md?p=b) shall—
  - (1) successfully complete the planning phase described in [subsection (d)](#d);
  - (2) request participation in [self-governance](/usc/25/5361.md?p=11) 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](/usc/25/5381.md?p=b) requests participation, financial stability and financial management capability as evidenced by the [Indian Tribe](/usc/25/5381.md?p=b) having no uncorrected significant and material audit exceptions in the required annual audit of its self-determination or [self-governance](/usc/25/5361.md?p=11) agreements with any Federal agency.
- (d) **Planning phase—**
  - (1) **In general—** An [Indian Tribe](/usc/25/5381.md?p=b) seeking to begin participation in [self-governance](/usc/25/5361.md?p=11) shall complete a planning phase as provided in this subsection.
  - (2) **Activities—** The planning phase shall—
    - (A) be conducted to the satisfaction of the [Indian Tribe](/usc/25/5381.md?p=b); 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](/usc/25/5381.md?p=b) or Tribal organization that meets the requirements of paragraphs [(2)](#c-2) and [(3)](#c-3) of subsection (c) shall be eligible for grants—
    - (A) to plan for participation in [self-governance](/usc/25/5361.md?p=11); and
    - (B) to negotiate the terms of participation by the [Indian Tribe](/usc/25/5381.md?p=b) or Tribal organization in [self-governance](/usc/25/5361.md?p=11), as set forth in a [compact](/usc/25/5361.md?p=1) and a [funding agreement](/usc/25/5361.md?p=4).
  - (2) **Receipt of grant not required—** Receipt of a grant under [paragraph (1)](#e-1) shall not be a requirement of participation in [self-governance](/usc/25/5361.md?p=11).

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

Subchapter I, referred to in subsec. (b)(4)(F), was in the original “title I”, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables.

### Codification

Section was formerly classified to section 458bb of this title prior to editorial reclassification and renumbering as this section.

### Amendments

2020—Pub. L. 116–180 amended section generally. Prior to amendment, section related to selection of Indian tribes to participate in Self-Governance.

1996—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.”