25 U.S.C. § 5396 — Application of other sections of this chapter
submitted 26 years ago by Pub. L. 93-638 to r/title-25-INDIANS · 196 words · no verdicts yet
This section makes specified provisions apply to self-governance agreements and lets a tribe add other compatible provisions at its option. An added provision has the same effect as if written into this subchapter.
(a) Mandatory application. To the extent they do not conflict with this subchapter, the provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332, and section 314 of Public Law 101-512 concerning coverage under chapter 171 of title 28 (the “Federal Tort Claims Act”), apply to compacts and funding agreements authorized by this subchapter.
(b) Discretionary application. If a participating Indian tribe* asks, any other compatible provision of subchapter I may be included in its compact or funding agreement. The Secretary* must include it if the tribe or tribes choose it. Once included, it has the same force and effect as if fully written in this subchapter. If the tribe asks during negotiations, the inclusion takes effect immediately and controls the negotiations and resulting agreement.
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 101–512 (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.
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.
Source credit: (Pub. L. 93–638, title V, § 516, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 729.)
- 2000Enacted · Pub. L. 93-638 · 114 Stat. 729
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-638 on 2000-08-18.
all 0 arguments · sorted by: best
no arguments yet — make the first case