Discretionary application of other sections

25 U.S.C. § 5370

• Title: 25 — Indians
• Chapter: SUBCHAPTER IV—TRIBAL SELF-GOVERNANCE—DEPARTMENT OF THE INTERIOR

Text

(a) In general
Except as otherwise provided in section 201(d) of the PROGRESS for Indian Tribes Act, at the option of a participating Indian Tribe or Indian Tribes, any of the provisions of subchapter I may be incorporated in any compact or funding agreement under this subchapter. The inclusion of any such provision shall be subject to, and shall not conflict with, section 101(a) of such Act.
(b) Effect
Each incorporated provision under subsection (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 requests incorporation at the negotiation stage of a compact or funding agreement, the incorporation shall—
(1) be effective immediately; and
(2) control the negotiation and resulting compact and funding agreement.

History

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

Editorial 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.