§5384 — Title 25 Indians | U.S. Code

Summary

The Secretary must make and sign a written agreement with each tribe that takes part in self‑governance. The agreement must be done in a way that respects the Federal trust role, treaty promises, and the government‑to‑government relationship between tribes and the United States. Each agreement must spell out the basic, ongoing terms of that government‑to‑government relationship and can only be changed if both the tribe and the Secretary agree. A tribe that was in the Tribal Self‑Governance Demonstration Project on August 18, 2000, can either keep its Demo Project agreement (in whole or in part) so long as those parts do not directly conflict with this subchapter, or instead negotiate a new agreement under these rules. The agreement’s start date is the date the tribe approves and signs it (or another date both agree on), and it stays in force as long as federal law allows or until ended by mutual 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