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§84.006. Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part?

25 C.F.R. § 84.006

(a)
The Secretary will disapprove a contract or agreement that requires Secretarial approval under this part if the Secretary determines that such contract or agreement:
(1)
Violates federal law; or
(2)
Does not contain at least one of the following provisions that—
(i)
Provides for remedies in the event the contract or agreement is breached;
(ii)
References a tribal code, ordinance or ruling of a court of competent jurisdiction that discloses the right of the tribe to assert sovereign immunity as a defense in an action brought against the tribe; or
(iii)
Includes an express waiver of the right of the tribe to assert sovereign immunity as a defense in any action brought against the tribe, including a waiver that limits the nature of relief that may be provided or the jurisdiction of a court with respect to such an action.
(b)
The Secretary will consult with the Indian tribe as soon as practicable before disapproving a contract or agreement regarding the elements of the contract or agreement that may lead to disapproval.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 81, Pub. L. 106-179.

Source

Source: 66 FR 38923, July 26, 2001, unless otherwise noted.