§ 84.006. Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part?
173 words·~1 min read·
/us/cfr/t25/s§ 84.006·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.