25 U.S.C. § 5384

Compacts

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(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 compactsAn Indian tribe participating in the Tribal Self-Governance Demonstration Project under title III 11 See References in Text note below. 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.

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

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2021 · leading case: Fort McDermitt Paiute and Shoshone Tribe v. Xavier Becerra

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Fort McDermitt Paiute and Shoshone Tribe v. Xavier Becerra (2021) cadc “25 U.S.C. §§ 5384 (a), 5385(a). The compact must “set forth the general terms of the government-to-government relationship” between the parties.”

Jamestown S'klallam Tribe v. Azar (2020) dcd “See 25 U.S.C. §§ 5384–85. The ISDEAA makes three types of funding available to a tribe as part of a Title V compact and funding agreement.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.