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25 USC § 5364 - Compacts 

---
identifier: "/us/usc/t25/s5364"
source: "usc"
legal_status: "official_prima_facie"
title: "25 USC § 5364 - Compacts"
title_number: 25
title_name: "INDIANS"
section_number: "5364"
section_name: "Compacts"
chapter_number: 46
chapter_name: "INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE"
subchapter_number: "IV"
subchapter_name: "TRIBAL SELF-GOVERNANCE—DEPARTMENT OF THE INTERIOR"
positive_law: false
currency: "119-84"
last_updated: "2025-07-14"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–638, title IV, § 404, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864.)"
---

# § 5364. Compacts

**(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.

---

**Source Credit**: (Pub. L. 93–638, title IV, § 404, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864.)

## Editorial Notes

### Prior Provisions

A prior section 5364, , as added , , , related to identification of funds in annual budget request, prior to repeal by , , . See . Such section was formerly classified to  prior to editorial reclassification and renumbering as section 5364.