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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 5396 Application of other sections of this chapter us united_states_code code_section 25 INDIANS 46 INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 5396 25 U.S.C. § 5396 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/s5396 data/legal/raw/us/code/title-25/usc25.xml cddb9f8ce4e66beee09c77249d59ded5f3a4895e31bc04bdc1a76eae658e125c d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 fa518d892ac2f2defe56e20854c8223e1a52ce39d0e0b20d9553c900f70a0599 2026-07-04 official
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25 U.S.C. § 5396 - Application of other sections of this chapter

Text

(a) Mandatory application All provisions of 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 101512 (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.

(Pub. L. 93638, title V, § 516, as added Pub. L. 106260, § 4, Aug. 18, 2000, 114 Stat. 729.)

Notes

Editorial Notes

References in TextSection 314 of Pub. L. 101512, referred to in subsec. (a), is section 314 of Pub. L. 101512, 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. 93638, 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 458aaa15 of this title prior to editorial reclassification and renumbering as this section.