---
kind: "section"
citation: "25 U.S.C. § 5364"
title: "25"
title_heading: "Indians"
number: "5364"
heading: "Compacts"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5364"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter IV — Tribal Self-Governance—department of the Interior"
---

# §5364. Compacts

- (a) **In general—** The [Secretary](/usc/25/5361.md?p=9) shall negotiate and enter into a written [compact](/usc/25/5361.md?p=1) with each [Indian Tribe](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5361.md?p=11) in a manner consistent with the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between [Indian Tribes](/usc/25/5381.md?p=b) and the United States.
- (b) **Contents—** A [compact](/usc/25/5361.md?p=1) under [subsection (a)](#a) shall—
  - (1) specify and affirm the general terms of the government-to-government relationship between the [Indian Tribe](/usc/25/5381.md?p=b) and the [Secretary](/usc/25/5361.md?p=9); and
  - (2) include such terms as the parties intend shall control during the term of the [compact](/usc/25/5361.md?p=1).
- (c) **Amendment—** A [compact](/usc/25/5361.md?p=1) under [subsection (a)](#a) may be amended only by agreement of the parties.
- (d) **Effective date—** The effective date of a [compact](/usc/25/5361.md?p=1) under [subsection (a)](#a) shall be—
  - (1) the date of the execution of the [compact](/usc/25/5361.md?p=1) by the parties; or
  - (2) such date as is mutually agreed upon by the parties.
- (e) **Duration—** A [compact](/usc/25/5361.md?p=1) under [subsection (a)](#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](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5361.md?p=11) 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](/usc/25/5361.md?p=1) (in whole or in part) to the extent that the provisions of the [compact](/usc/25/5361.md?p=1) are not directly contrary to any express provision of this subchapter; or
  - (2) to negotiate a new [compact](/usc/25/5361.md?p=1) 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.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 5364, Pub. L. 93–638, title IV, § 404, as added Pub. L. 103–413, title II, § 204, Oct. 25, 1994, 108 Stat. 4275, related to identification of funds in annual budget request, prior to repeal by Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 864. See section 5371 of this title. Such section was formerly classified to section 458dd of this title prior to editorial reclassification and renumbering as section 5364.