governance, including, but not limited to, a tribal or-
ganization;
‘‘(5) the term ‘gross mismanagement’ means a
significant, clear, and convincing violation of com-
pact, funding agreement, or regulatory, or statutory
requirements applicable to Federal funds transferred
to a tribe by a compact or funding agreement that
results in a significant reduction of funds available
for the programs, services, functions, or activities (or
portions thereof) assumed by an Indian tribe;
‘‘(6) the term ‘tribal shares’ means an Indian
tribe’s portion of all funds and resources that sup-
port secretarial programs, services, functions, and
activities (or portions thereof) that are not required
by the Secretary for performance of inherent Fed-
eral functions;
‘‘(7) the term ‘Secretary’ means the Secretary
of Health and Human Services; and
‘‘(8) the term ‘self-governance’ means the pro-
gram established pursuant to section 501.
‘‘(b) INDIAN TRIBE.—Where an Indian tribe has au-
thorized another Indian tribe, an inter-tribal consortium,
or a tribal organization to plan for or carry out programs,
services, functions, or activities (or portions thereof) on
its behalf under this title, the authorized Indian tribe,
inter-tribal consortium, or tribal organization shall have
the rights and responsibilities of the authorizing Indian
tribe (except as otherwise provided in the authorizing reso-
lution or in this title). In such event, the term ‘Indian
tribe’ as used in this title shall include such other author-
ized Indian tribe, inter-tribal consortium, or tribal organi-
zation.
‘‘SEC. 503. SELECTION OF PARTICIPATING INDIAN TRIBES.
‘‘(a) CONTINUING
PARTICIPATION.—Each Indian
tribe that is participating in the Tribal Self-Governance
Demonstration Project under title III on the date of enact-
ment of this title may elect to participate in self-govern-
ance under this title under existing authority as reflected
in tribal resolutions.
‘‘(b) ADDITIONAL PARTICIPANTS.—
‘‘(1) In addition to those Indian tribes partici-
pating in self-governance under subsection (a), each
year an additional 50 Indian tribes that meet the eli-
gibility criteria specified in subsection (c) shall be
entitled to participate in self-governance.
‘‘(2)(A) An Indian tribe that has withdrawn
from participation in an inter-tribal consortium or
tribal organization, in whole or in part, shall be enti-
tled to participate in self-governance provided the
Indian tribe meets the eligibility criteria specified in
subsection (c).
‘‘(B) If an Indian tribe has withdrawn from
participation in an inter-tribal consortium or tribal
organization, it shall be entitled to its tribal share
of funds supporting those programs, services, func-
tions, and activities (or portions thereof) that it will
be carrying out under its compact and funding
agreement.
‘‘(C) In no event shall the withdrawal of an In-
dian tribe from an inter-tribal consortium or tribal
organization affect the eligibility of the inter-tribal
consortium or tribal organization to participate in
self-governance.
‘‘(c) APPLICANT POOL.—The qualified applicant pool
for self-governance shall consist of each Indian tribe
that—
‘‘(1) successfully completes the planning phase
described in subsection (d);
‘‘(2) has requested participation in self-govern-
ance by resolution or other official action by the gov-
erning body (or bodies) of the Indian tribe or tribes
to be served; and