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25 U.S.C. § 5364

Title 25 Chapter 46 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
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§ 5364. Compacts

  • (a) 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) 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) A compact under subsection (a) may be amended only by agreement of the parties.
  • (d) 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) 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) 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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