25 U.S.C. § 5396: Application of other…

Summary

Certain listed federal rules must apply to compacts and funding agreements under this law, unless they conflict with it. Those rules are sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title, and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”). If a participating Indian tribe asks, any other rule from subchapter I that does not conflict with this law can be added to its compact or funding agreement. The Secretary must include it if the tribe requests it. Once added, the rule is fully binding. If the tribe asks during negotiations, the added rule takes effect right away and guides the negotiation and final agreement.

Title 25, §5396

Indians, Source: USLM XML via OLRC

(a)Mandatory application

All provisions of section 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.

(b)Discretionary application

At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 314 of Pub. L. 101–512, referred to in subsec. (a), is section 314 of Pub. L. 101–512, which is set out as a note under section 5321 of this title. Subchapter I of this chapter, referred to in subsec. (b), 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. Codification Section was formerly classified to section 458aaa–15 of this title prior to editorial reclassification and renumbering as this section.

§5396 Application of Other Sections of This Chapter