§5384 — Title 25 Indians | U.S. Code

Summary

The Secretary must negotiate and sign a written compact with every Indian tribe that takes part in self-governance. The compact must follow the federal government’s trust duty, treaty obligations, and the government-to-government relationship. It must state the basic, ongoing terms that will guide the tribe and the Secretary and can be changed only if both agree. A tribe in the Tribal Self-Governance Demonstration Project on August 18, 2000 may later either keep its project compact (in whole or part) if it does not directly conflict with this law, or negotiate a new compact. A compact starts when the tribe approves and signs it (or on another date both agree) and stays in effect as long as federal law allows or until ended by written agreement, retrocession, or reassumption.

Title 25, §5384

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(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 Federal Government’s trust responsibility, treaty obligations, and the government-to-government relationship between Indian tribes and the United States.

(b)Each compact required under subsection (a) of this section shall set forth the general terms of the government-to-government relationship between the Indian tribe and the Secretary, including such terms as the parties intend shall control year after year. Such compacts may only be amended by mutual agreement of the parties.

(c)An Indian tribe participating in the Tribal Self-Governance Demonstration Project under title III 11 See References in Text note below. on August 18, 2000, shall have the option at any time after August 18, 2000, to—

(1)retain the Tribal Self-Governance Demonstration Project compact of that Indian tribe (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this subchapter; or

(2)instead of retaining a compact or portion thereof under paragraph (1), negotiate a new compact in a manner consistent with the requirements of this subchapter.

(d)The effective date of a compact shall be the date of the approval and execution by the Indian tribe or another date agreed upon by the parties, and shall remain in effect for so long as permitted by Federal law or until terminated by mutual written agreement, retrocession, or reassumption.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title III, referred to in subsec. (c), means title III of Pub. L. 93–638, as added by Pub. L. 100–472, title II, § 209, Oct. 5, 1988, 102 Stat. 2296, and amended, 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–3 of this title prior to editorial reclassification and renumbering as this section.

§5384 Compacts

Summary

Title 25, §5384

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata