---
kind: "section"
citation: "25 U.S.C. § 5396"
title: "25"
title_heading: "Indians"
number: "5396"
heading: "Application of other sections of this chapter"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5396"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter V — Tribal Self-Governance—indian Health Service"
---

# §5396. Application of other sections of this chapter

- (a) **Mandatory application—** All provisions of sections [5305(b)](/usc/25/5305.md?p=b), [5306](/usc/25/5306.md), [5307](/usc/25/5307.md), [5321(c)](/usc/25/5321.md?p=c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and [5332](/usc/25/5332.md) of this title and section 314 of Public Law 101–512 (coverage under [chapter 171](/usc/28/chptVI/ch171.md) of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
- (b) **Discretionary application—** At the request of a participating [Indian tribe](/usc/25/5381.md?p=b), any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The [Secretary](/usc/25/5381.md?p=a-6) is obligated to include such provision at the option of the participating [Indian tribe](/usc/25/5381.md?p=b) or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an [Indian tribe](/usc/25/5381.md?p=b) requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

## Source credit

(Pub. L. 93–638, title V, § 516, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 729.)

## Notes

### Editorial Notes

### References in Text

Section 314 of Pub. L. 101–512, referred to in subsec. (a), is section 314 of Pub. L. 101–512, which is set out as a note under section 5321 of this title.

Subchapter I of this chapter, referred to in subsec. (b), 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.

### Codification

Section was formerly classified to section 458aaa–15 of this title prior to editorial reclassification and renumbering as this section.