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25 U.S.C. § 5384 — Compacts

submitted 26 years ago by Pub. L. 93-638 to r/title-25-INDIANS · 250 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses compacts. (a) Compact required The Secretary must 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.

(a) Compact required The Secretary must 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 must 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 must control year after year. Such compacts may only be amended by mutual agreement of the parties. (c) Existing compacts An Indian tribe participating in the Tribal Self-Governance Demonstration Project under title III 1 on August 18, 2000 , must 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 of it 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 must be the date of the approval and execution by the Indian tribe or another date agreed upon by the parties, and must remain in effect for so long as permitted by Federal law or until ended by mutual written agreement, retrocession, or reassumption.

the actual law source: uscode.house.gov ↗public domain
(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 compacts

An Indian tribe participating in the Tribal Self-Governance Demonstration Project under title III 1 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.

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

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 93-638 · 114 Stat. 715

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-638 on 2000-08-18.

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