§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
The Secretary will disapprove a contract or agreement that requires Secretarial approval under this part if the Secretary determines that such contract or agreement:
Violates federal law; or
Does not contain at least one of the following provisions that—
Provides for remedies in the event the contract or agreement is breached;
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
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.
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.