---
kind: "section"
citation: "25 U.S.C. § 5384"
title: "25"
title_heading: "Indians"
number: "5384"
heading: "Compacts"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5384"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter V — Tribal Self-Governance—indian Health Service"
---

# §5384. Compacts

- (a) **Compact required—** The [Secretary](/usc/25/5381.md?p=a-6) shall negotiate and enter into a written compact with each [Indian tribe](/usc/25/5381.md?p=b) participating in [self-governance](/usc/25/5381.md?p=a-7) in a manner consistent with the Federal Government’s trust responsibility, treaty obligations, and the government-to-government relationship between [Indian tribes](/usc/25/5381.md?p=b) and the United States.
- (b) **Contents—** Each compact required under [subsection (a)](#a) of this section shall set forth the general terms of the government-to-government relationship between the [Indian tribe](/usc/25/5381.md?p=b) and the [Secretary](/usc/25/5381.md?p=a-6), including such terms as the parties intend shall control year after year. Such compacts may only be amended by mutual agreement of the parties.
- (c) **Existing compacts—** An [Indian tribe](/usc/25/5381.md?p=b) participating in the Tribal [Self-Governance](/usc/25/5381.md?p=a-7) Demonstration Project under title III[^1] on August 18, 2000, shall have the option at any time after August 18, 2000, to—
  - (1) retain the Tribal [Self-Governance](/usc/25/5381.md?p=a-7) Demonstration Project compact of that [Indian tribe](/usc/25/5381.md?p=b) (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this subchapter; or
  - (2) instead of retaining a compact or portion thereof under [paragraph (1)](#c-1), negotiate a new compact in a manner consistent with the requirements of this subchapter.
- (d) **Term and effective date—** The effective date of a compact shall be the date of the approval and execution by the [Indian tribe](/usc/25/5381.md?p=b) or another date agreed upon by the parties, and shall remain in effect for so long as permitted by Federal law or until terminated by mutual written agreement, retrocession, or reassumption.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 93–638, title V, § 504, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 715.)

## Notes

### Editorial Notes

### References in Text

Title III, referred to in subsec. (c), means title III of Pub. L. 93–638, as added by Pub. L. 100–472, title II, § 209, Oct. 5, 1988, 102 Stat. 2296, and amended, which was set out as a note under former section 450f of this title prior to repeal by Pub. L. 106–260, § 10, Aug. 18, 2000, 114 Stat. 734.

### Codification

Section was formerly classified to section 458aaa–3 of this title prior to editorial reclassification and renumbering as this section.