2020 US Code
Title 25 - Indians
Chapter 46 - Indian Self-Determination and Education Assistance
Subchapter V - Tribal Self-Governance-Indian Health Service
Sec. 5384 - Compacts

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Citation 25 U.S.C. § 5384 (2020)
Section Name §5384. Compacts
Section Text (a) Compact required

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) Contents

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) Existing compacts

An Indian tribe participating in the Tribal Self-Governance Demonstration Project under title III 1 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) Term and effective date

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.

Source Credit

(Pub. L. 93–638, title V, §504, as added Pub. L. 106–260, §4, Aug. 18, 2000, 114 Stat. 715.)


Editorial Notes 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.

Footnotes

1 See References in Text note below.

Publication Title United States Code, 2018 Edition, Supplement 2, Title 25 - INDIANS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 25 - INDIANS
CHAPTER 46 - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
SUBCHAPTER V - TRIBAL SELF-GOVERNANCE-INDIAN HEALTH SERVICE
Sec. 5384 - Compacts
Contains section 5384
Date 2020
Laws In Effect As Of Date January 13, 2021
Positive Law No
Disposition standard
Statutes at Large References 102 Stat. 2296
114 Stat. 715, 734
Public Law References Public Law 93-638, Public Law 100-472, Public Law 106-260
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