25 U.S.C. § 5370: Discretionary application of…

Summary

A participating Indian Tribe or Tribes may choose to include any part of subchapter I in their compact or funding agreement under this subchapter, unless section 201(d) of the PROGRESS for Indian Tribes Act says otherwise. Any inclusion must not conflict with section 101(a) of that Act. Any included part counts as if it were written into this subchapter, can add to or replace similar rules here, and applies to any agency covered by this subchapter. If a Tribe asks for inclusion while negotiating a compact or funding agreement, the inclusion takes effect right away and governs the negotiation and the final agreement.

Title 25, §5370

Indians, Source: USLM XML via OLRC

(a)In general

Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact or funding agreement under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act.

(b)Effect

Each incorporated provision under subsection (a) shall—

(1)have the same force and effect as if set out in full in this subchapter;

(2)supplement or replace any related provision in this subchapter; and

(3)apply to any agency otherwise governed by this subchapter.

(c)Effective date

If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall—

(1)be effective immediately; and

(2)control the negotiation and resulting compact and funding agreement.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 101(a) and 201(d) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), are section 101(a) and 201(d) of Pub. L. 116–180, which are set out as notes under section 5361 of this title. Subchapter I, referred to in subsec. (a), was in the original “title I”, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

§5370 Discretionary Application of Other Sections