25 USC 5364 - Compacts

U.S Code last checked for updates: Apr 26, 2024

§ 5364.

Compacts

(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.

(Pub. L. 93–638, title IV, § 404, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864.)

cite as: 25 USC 5364