C.F.R. » Title 25 » CHAPTER V—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT › Subpart A—General Provisions

25 C.F.R. § 900.4

Effect on existing tribal rights

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Nothing in these regulations shall be construed as:

(a) Affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by Indian tribes;

(b) Terminating, waiving, modifying, or reducing the trust responsibility of the United States to the Indian tribe(s) or individual Indians. The Secretary shall act in good faith in upholding this trust responsibility;

(c) Mandating an Indian tribe to apply for a contract(s) or grant(s) as described in the Act; or

(d) Impeding awards by other Departments and agencies of the United States to Indian tribes to administer Indian programs under any other applicable law.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Skull Valley Health Care v. NorStar Consultants (D. Utah 2023).
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Skull Valley Health Care v. NorStar Consultants (D. Utah 2023). · cites it 2× “The court does not have before it the tribal resolution creating the Care entity—or rather, reforming it, as it was originally formed under Utah law—as the Tenth Circuit did in BMG, 629 F.3d at 1191–92. The Circuit found that the resolution’s description of the economic entity…”
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