§5364 — Title 25 Indians | U.S. Code

Summary

The Secretary must negotiate and sign a written compact with each Indian Tribe that takes part in self-governance. The compact must follow the Federal Government’s trust duties, treaty obligations, and the government-to-government relationship. Each compact must state and confirm the basic government-to-government terms and include whatever rules the parties agree will govern during the compact. A compact can only be changed if both sides agree. It starts on the signing date or another date the parties choose. It stays in force as long as Federal law allows or until ended by written agreement, retrocession, or reassumption. After October 21, 2020, a participating Tribe may keep its old compact (in whole or part) if it does not directly conflict with this subchapter, or it may negotiate a new compact under this subchapter.

Title 25, §5364

Indians — Source: USLM XML via OLRC

(a)The Secretary shall negotiate and enter into a written compact with each Indian Tribe participating in self-governance in a manner consistent with the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States.

(b)A compact under subsection (a) shall—

(1)specify and affirm the general terms of the government-to-government relationship between the Indian Tribe and the Secretary; and

(2)include such terms as the parties intend shall control during the term of the compact.

(c)A compact under subsection (a) may be amended only by agreement of the parties.

(d)The effective date of a compact under subsection (a) shall be—

(1)the date of the execution of the compact by the parties; or

(2)such date as is mutually agreed upon by the parties.

(e)A compact under subsection (a) shall remain in effect—

(1)for so long as permitted by Federal law; or

(2)until termination by written agreement, retrocession, or reassumption.

(f)An Indian Tribe participating in self-governance under this subchapter, as in effect on October 21, 2020, shall have the option at any time after that date—

(1)to retain its negotiated compact (in whole or in part) to the extent that the provisions of the compact are not directly contrary to any express provision of this subchapter; or

(2)to negotiate a new compact in a manner consistent with this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5364, Pub. L. 93–638, title IV, § 404, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4275, related to identification of funds in annual budget request, prior to repeal by Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864. See section 5371 of this title. Such section was formerly classified to section 458dd of this title prior to editorial reclassification and renumbering as section 5364.

§5364 Compacts

Summary

Title 25, §5364

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata