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25 U.S.C. § 5374 — Compacts
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 25, Chapter 46, § 5374; chapter-046-indian-self-determination-and-education-assistance.md
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**(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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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 457 was editorially reclassified as [section 5347 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5347&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458dd
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Compact** — The term “compact” means a self-governance compact entered into under [section 5364 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5364&num=0&edition=prelim).
(2) **Construction program; construction project** — The term “construction program” or “construction project” means a Tribal undertaking relating to the administration, planning, environmental determination, design, construction, repair, improvement, or expansion of roads, bridges, buildings, structures, systems, or other facilities for purposes of housing, law enforcement, detention, sanitation, water supply, education, administration, community, health, irrigation, agriculture, conservation, flood control, transportation, or port facilities, or for other Tribal purposes.
(3) **Department** — The term “Department” means the Department of the Interior.
(4) **Funding agreement** — The term “funding agreement” means a funding agreement entered into under [section 5363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363&num=0&edition=prelim).
(5) **Gross mismanagement** — The term “gross mismanagement” means a significant violation, shown by a preponderance of the evidence, of a compact, funding agreement, or statutory or regulatory requirement applicable to Federal funds for a program administered by an Indian Tribe under a compact or funding agreement.
(6) **Inherent Federal function** — The term “inherent Federal function” means a Federal function that may not legally be delegated to an Indian Tribe.
(7) **Non-BIA program** — The term “non-BIA program” means all or a portion of a program, function, service, or activity that is administered by any bureau, service, office, or agency o
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Federal law — U.S. Code and appendices · legal_authorities
Page 774
TITLE 25—INDIANS
§ 5373
Federal Register and made available to any
Indian Tribe participating in self-governance.
(4) Annual review
(A) In general
The Secretary shall annually review and
publish in the Federal Register, after con-
sultation with Indian Tribes participating in
self-governance,
revised
lists
and
pro-
grammatic targets.
(B) Contents
In preparing the revised lists and pro-
grammatic targets, the Secretary shall con-
sider all programs that were eligible for con-
tracting in the original list published in the
Federal Register in 1995, except for programs
specifically
determined
not
to
be
contractible as a matter of law.
(d) Report on Central Office funds
Not later than January 1, 2020, the Secretary
shall, in consultation with Indian Tribes, de-
velop a funding formula to determine the indi-
vidual Tribal share of funds controlled by the
Central Office of the Bureau of Indian Affairs
and the Office of the Special Trustee for inclu-
sion in the compacts.
(Pub. L. 93–638, title IV, § 412, as added Pub. L.
116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat.
876.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 5365 of this title prior to repeal by
Pub. L. 116–180.
§ 5373. Regulations
(a) In general
(1) Promulgation
Not later than 90 days after October 21, 2020,
the Secretary shall initiate procedures under
subchapter III of chapter 5 of title 5 to nego-
tiate and promulgate such regulations as are
necessary to carry out this subchapter.
(2) Publication of proposed regulations
Proposed regulations to implement this sub-
chapter shall be published in the Federal Reg-
ister not later than 38 months after October
21, 2020.
(3) Expiration of authority
The aut
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5374
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