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25 U.S.C. § 5364 - U.S. Code - Unannotated Title 25. Indians § 5364. Compacts

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - 25 U.S.C. § 5364 - U.S. Code - Unannotated Title 25. Indians § 5364. Compacts - last updated January 01, 2024 | https://codes.findlaw.com/us/title-25-indians/25-usc-sect-5364/

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