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2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 5364 Compacts us united_states_code code_section 25 INDIANS 46 INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 5364 25 U.S.C. § 5364 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s5364 data/legal/raw/us/code/title-25/usc25.xml 381aad4071ae51136b395717af882f8dae560c6b8453c33b37b338683ccd14af d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 d22ce2f921666bd9393b04bff8baa5a5783059cb463cec7c7f24f693586de9dc 2026-07-04 official
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25 U.S.C. § 5364 - Compacts

Text

(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. 93638, title IV, § 404, as added Pub. L. 116180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864.)

Notes

Editorial Notes

Prior ProvisionsA prior section 5364, Pub. L. 93638, title IV, § 404, as added Pub. L. 103413, title II, § 204, Oct. 25, 1994, 108 Stat. 4275, related to identification of funds in annual budget request, prior to repeal by Pub. L. 116180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864. See section 5371 of this title. Such section was formerly classified to section 458dd of this title prior to editorial reclassification and renumbering as section 5364.