---
kind: "section"
citation: "25 C.F.R. § 84.006"
title: "25"
number: "84.006"
heading: "Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part?"
url: "https://uscodex.org/cfr/25/84.006"
---

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

- (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

### Authority

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

### Source

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