25 C.F.R. § 84.006

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

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(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 of Decisions

Cited in 1 case, 2014–2014 · leading case: Chemehuevi Indian Tribe v. Sally Jewell, 767 F.3d 900 (9th Cir. 2014).

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Chemehuevi Indian Tribe v. Sally Jewell, 767 F.3d 900 (9th Cir. 2014). “” 25 C.F.R. § 84.006 . We conclude that Congressional intent is clear.”

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