Ind. Code § 5-33.5-3-1 Authority to enter into a cooperative agreement
Sec. 1. The state or a state agency may enter into a cooperative agreement with a federally recognized Indian tribe.
As added by P.L.108-2019, SEC.100.
Ind. Code ch. 5-33.5-3
Ind. Code ch. 5-33.5-3
in effectInd. Code § 5-33.5-3-2 Required elements of a cooperative agreement
Sec. 2. A cooperative agreement entered into under this chapter must be in writing and must provide for the following:
(1) The duration of the agreement.
(2) The purpose of the agreement.
(3) The administration of the agreement.
(4) The manner of carrying out the joint undertaking.
(5) The methods that may be employed in accomplishing the partial or complete termination of the agreement.
As added by P.L.108-2019, SEC.100.
Ind. Code § 5-33.5-3-3 Approval
Sec. 3. If a cooperative agreement entered into under this chapter concerns the provision of services or facilities that a state officer or state agency has power to control, the agreement must be submitted to that officer or agency for approval before it takes effect.
As added by P.L.108-2019, SEC.100.
Ind. Code § 5-33.5-3-4 Requirement to file a cooperative agreement with the state board of accounts for audit purposes
Sec. 4. A cooperative agreement entered into under this chapter must be filed with the state board of accounts for audit purposes not later than sixty (60) days after the agreement takes effect.
As added by P.L.108-2019, SEC.100.
Ind. Code § 5-33.5-3-5 Provisions that may be included in a cooperative agreement
Sec. 5. A cooperative agreement entered into under this chapter may provide for the following:
(1) An effective waiver of sovereign immunity from the federally recognized Indian tribe.
(2) Subject to section 6 of this chapter, a waiver of sovereign immunity by the state.
(3) A statement that IC 34-13-1-1 applies to the agreement.
As added by P.L.108-2019, SEC.100.
Ind. Code § 5-33.5-3-6 Waiver of Indian tribe sovereign immunity; attorney general review and approval
Sec. 6. A provision of a cooperative agreement with a federally recognized Indian tribe waiving the sovereign immunity of the state must be submitted to the attorney general for review. A cooperative agreement containing a provision subject to review under this section may not take effect unless the attorney general approves the provision.
As added by P.L.108-2019, SEC.100.
Ind. Code § 5-33.5-3-7 Waiver of state sovereign immunity; conditions; application
Sec. 7. (a) For purposes of this chapter only, the state may waive its immunity from suit in federal court under the Eleventh Amendment to the Constitution of the United States only if both of the following conditions are met:
(1) The agreement in dispute was entered into under this chapter.
(2) The agreement in dispute contains a provision that mandates arbitration providing the federal court jurisdiction under the Federal Arbitration Act (9 U.S.C. 1 et seq.) or a successor act that requires or may require arbitration.
(b) A waiver permitted under subsection (a) applies only to an action:
(1) to compel arbitration;
(2) to determine whether an issue is arbitrable; or
(3) to confirm an award entered by the arbitrator.
As added by P.L.108-2019, SEC.100.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026