§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.
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Editorial Notes
Prior Provisions
A prior section 5364,