--- kind: "section" citation: "25 U.S.C. § 5383" title: "25" title_heading: "Indians" number: "5383" heading: "Selection of participating Indian tribes" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/25/5383" units: - "Chapter 46 — Indian Self-Determination and Education Assistance" - "Subchapter V — Tribal Self-Governance—indian Health Service" --- # §5383. Selection of participating Indian tribes - (a) **Continuing participation—** Each [Indian tribe](/usc/25/5381.md?p=b) that is participating in the Tribal [Self-Governance](/usc/25/5381.md?p=a-7) Demonstration Project under title III[^1] on August 18, 2000, may elect to participate in [self-governance](/usc/25/5381.md?p=a-7) under this subchapter under existing authority as reflected in tribal resolution. - (b) **Additional participants—** - (1) **In general—** In addition to those [Indian tribes](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5381.md?p=a-7) under [subsection (a)](#a) of this section, each year an additional 50 [Indian tribes](/usc/25/5381.md?p=b) that meet the eligibility criteria specified in [subsection (c)](#c) of this section shall be entitled to participate in [self-governance](/usc/25/5381.md?p=a-7). - (2) **Treatment of certain Indian tribes—** - (A) **In general—** An [Indian tribe](/usc/25/5381.md?p=b) that has withdrawn from participation in an [inter-tribal consortium](/usc/25/5381.md?p=a-5) or tribal organization, in whole or in part, shall be entitled to participate in [self-governance](/usc/25/5381.md?p=a-7) provided the [Indian tribe](/usc/25/5381.md?p=b) meets the eligibility criteria specified in [subsection (c)](#c) of this section. - (B) **Effect of withdrawal—** If an [Indian tribe](/usc/25/5381.md?p=b) has withdrawn from participation in an [inter-tribal consortium](/usc/25/5381.md?p=a-5) or tribal organization, that [Indian tribe](/usc/25/5381.md?p=b) shall be entitled to its [tribal share](/usc/25/5381.md?p=a-8) of funds supporting those programs, services, functions, and activities (or portions thereof) that the [Indian tribe](/usc/25/5381.md?p=b) will be carrying out under the compact and funding agreement of the [Indian tribe](/usc/25/5381.md?p=b). - (C) **Participation in self-governance—** In no event shall the withdrawal of an [Indian tribe](/usc/25/5381.md?p=b) from an [inter-tribal consortium](/usc/25/5381.md?p=a-5) or tribal organization affect the eligibility of the [inter-tribal consortium](/usc/25/5381.md?p=a-5) or tribal organization to participate in [self-governance](/usc/25/5381.md?p=a-7). - (c) **Applicant pool—** - (1) **In general—** The qualified applicant pool for [self-governance](/usc/25/5381.md?p=a-7) shall consist of each [Indian tribe](/usc/25/5381.md?p=b) that— - (A) successfully completes the planning phase described in [subsection (d)](#d) of this section; - (B) has requested participation in [self-governance](/usc/25/5381.md?p=a-7) by resolution or other official action by the governing body of each [Indian tribe](/usc/25/5381.md?p=b) 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—** For purposes of this subsection, evidence that, during the 3-year period referred to in [paragraph (1)(C)](#c-1-C), an [Indian tribe](/usc/25/5381.md?p=b) had no uncorrected significant and material audit exceptions in the required annual audit of the [Indian tribe](/usc/25/5381.md?p=b)’s [self-determination contracts](/usc/25/5304.md?p=j) or [self-governance](/usc/25/5381.md?p=a-7) funding agreements with any Federal agency shall be conclusive evidence of the required stability and capability. - (d) **Planning phase—** Each [Indian tribe](/usc/25/5381.md?p=b) seeking participation in [self-governance](/usc/25/5381.md?p=a-7) shall complete a planning phase. The planning phase shall be conducted to the satisfaction of the [Indian tribe](/usc/25/5381.md?p=b) 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](/usc/25/5381.md?p=b) meeting the requirements of paragraph [(1)(B)](#c-1-B) and (C) of subsection (c) of this section shall be eligible for grants— - (1) to plan for participation in [self-governance](/usc/25/5381.md?p=a-7); and - (2) to negotiate the terms of participation by the [Indian tribe](/usc/25/5381.md?p=b) or tribal organization in [self-governance](/usc/25/5381.md?p=a-7), as set forth in a compact and a funding agreement. - (f) **Receipt of grant not required—** Receipt of a grant under [subsection (e)](#e) of this section shall not be a requirement of participation in [self-governance](/usc/25/5381.md?p=a-7). ## Footnotes [^1]: See References in Text note below. ## Source credit (Pub. L. 93–638, title V, § 503, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 714.) ## Notes ### Editorial Notes ### 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. ### Codification Section was formerly classified to section 458aaa–2 of this title prior to editorial reclassification and renumbering as this section. Another section 503 of Pub. L. 93–638 was renumbered section 803 and is classified to section 5423 of this title.