§5364 — Title 25 Indians | U.S. Code

Summary

The Secretary must make a written compact with each Tribe that takes part in self‑governance. The compact must respect the federal trust duty, treaty obligations, and the government‑to‑government relationship. It must say the basic terms of that relationship and include the rules the parties agree will control while the compact runs. The compact can only be changed if both sides agree. It starts when both sign or on a date they choose. It stays in effect as long as federal law allows or until ended by written agreement, by the Tribe returning authority (retrocession), or by the Secretary taking authority back (reassumption). A Tribe in self‑governance on October 21, 2020 may keep its existing compact if it does not directly conflict with this subchapter, or 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