25 U.S.C. § 5370 — Discretionary application of other sections
submitted 6 years ago by Pub. L. 93-638 to r/title-25-INDIANS · 150 words · no verdicts yet
A participating Tribe may add provisions from subchapter I to a compact or funding agreement. Added provisions have the legal effect stated here and can control negotiations when requested at that stage.
(a) In general Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe* or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact* or funding agreement* under this subchapter. The inclusion of any that provision must be subject to, and shall not conflict with, section 101(a) of that Act. (b) Effect Each incorporated provision under subsection (a) shall— (1) have the same force and effect as if set out in full in this subchapter; (2) supplement or replace any related provision in this subchapter; and (3) apply to any agency otherwise governed by this subchapter. (c) Effective date If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall— (1) be effective immediately; and (2) control the negotiation and resulting compact and funding agreement.
Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe* or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact* or funding agreement* under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act.
Each incorporated provision under subsection (a) shall—
have the same force and effect as if set out in full in this subchapter;
supplement or replace any related provision in this subchapter; and
apply to any agency otherwise governed by this subchapter.
If an Indian Tribe requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall—
be effective immediately; and
control the negotiation and resulting compact and funding agreement.
Source credit: (Pub. L. 93–638, title IV, § 410, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 875.)
- 2020Enacted · Pub. L. 93-638 · 134 Stat. 875
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-638 on 2020-10-21.
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