(a) The Tribe/Consortium remains eligible to negotiate a compact and annual funding agreement at any time unless:
(1) It notifies the Director in writing that it no longer wishes to be eligible to participate in the Tribal Self-Governance Program;
(2) Fails to satisfy the audit requirements of Sec. 1000.17(c); or
(3) Submits documentation evidencing a Tribal resolution requesting removal from the application pool.
(b) The failure of the Tribe/Consortium to execute an agreement has no effect on the selection of up to 50 additional Tribes/Consortia in a subsequent year.