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Title 25, IndiansRelease 119-110

§5364 Compacts

Title 25 › CHAPTER 46 — INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › SUBCHAPTER IV — TRIBAL SELF-GOVERNANCE—DEPARTMENT OF THE INTERIOR › § 5364

Last updated Sep 22, 2026|Official source

Summary

The Secretary must negotiate and sign a written compact with every Indian Tribe that takes part in self-governance. The compact must honor the Federal Government’s trust duties, treaty obligations, and the government-to-government relationship. Each compact must state the basic government-to-government terms and any other rules the parties agree will govern the compact. It can only be changed if both parties agree. It takes effect when signed (or on another date they agree) and lasts as long as federal law allows or until ended by written agreement, retrocession, or reassumption. If a Tribe was in self-governance under this subchapter on October 21, 2020, the Tribe can keep its existing compact (or parts of it) if it does not conflict with this subchapter, or it can negotiate a new compact under these rules.

Full Legal Text

Title 25, §5364

Indians, Source: USLM XML via OLRC

(a)In general
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)Contents
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)Amendment
A compact under subsection (a) may be amended only by agreement of the parties.
(d)Effective date
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)Duration
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)Existing compacts
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5364

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110