Mandatory application
lsection 314 of Public Law 101–512All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (), 5325(a) through (k), and 5332 of this title and (coverage under chapter 171 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.
Discretionary application
At the request of a participating Indian tribe, 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 is obligated to include such provision at the option of the participating Indian tribe 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 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.
Pub. L. 93–638, title V, § 516Pub. L. 106–260, § 4114 Stat. 729(, as added , , .)
Editorial Notes
References in Text
Section 314 of Pub. L. 101–512section 314 of Pub. L. 101–512section 5321 of this title, referred to in subsec. (a), is , which is set out as a note under .
Pub. L. 93–638section 5301 of this titleSubchapter I of this chapter, referred to in subsec. (b), was in the original “title I”, meaning title I of , 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 and Tables.
Codification
section 458aaa–15 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.