---
kind: "section"
citation: "25 U.S.C. § 5370"
title: "25"
title_heading: "Indians"
number: "5370"
heading: "Discretionary application of other sections"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5370"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter IV — Tribal Self-Governance—department of the Interior"
---

# §5370. Discretionary application of other sections

- (a) **In general—** Except as otherwise provided in [section 201(d)](/usc/25/201.md) of the PROGRESS for Indian Tribes Act, at the option of a participating [Indian Tribe](/usc/25/5381.md?p=b) or [Indian Tribes](/usc/25/5381.md?p=b), any of the provisions of subchapter I may be incorporated in any [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4) under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, [section 101(a)](/usc/25/101.md) of such Act.
- (b) **Effect—** Each incorporated provision under [subsection (a)](#a) shall—
  - (1) have the same force and effect as if set out in full in this subchapter;
  - (2) supplement or replace any related provision in this subchapter; and
  - (3) apply to any agency otherwise governed by this subchapter.
- (c) **Effective date—** If an [Indian Tribe](/usc/25/5381.md?p=b) requests incorporation at the negotiation stage of a [compact](/usc/25/5361.md?p=1) or [funding agreement](/usc/25/5361.md?p=4), the incorporation shall—
  - (1) be effective immediately; and
  - (2) control the negotiation and resulting [compact](/usc/25/5361.md?p=1) and [funding agreement](/usc/25/5361.md?p=4).

## Source credit

(Pub. L. 93–638, title IV, § 410, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 875.)

## Notes

### Editorial Notes

### References in Text

Sections 101(a) and 201(d) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), are sections 101(a) and 201(d) of Pub. L. 116–180, which are set out as notes under section 5361 of this title.

Subchapter I, referred to in subsec. (a), was in the original “title I”, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables.