§ 81. Contracts and agreements with Indian tribes
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/usc/title-25/section-81A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Definitions In this section:
(1)The term “Indian lands” means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation.
(2)The term “Indian tribe” has the meaning given that term in section 5304(e) of this title.
(3)The term “Secretary” means the Secretary of the Interior.
(b)Approval No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary.
(c)Exception Subsection
(b)shall not apply to any agreement or contract that the Secretary (or a designee of the Secretary) determines is not covered under that subsection.
(d)Unapproved agreements The Secretary (or a designee of the Secretary) shall refuse to approve an agreement or contract that is covered under subsection
(b)if the Secretary (or a designee of the Secretary) determines that the agreement or contract—
(1)violates Federal law; or
(2)does not include a provision that—
(A)provides for remedies in the case of a breach of the agreement or contract;
(B)references a tribal code, ordinance, or ruling of a court of competent jurisdiction that discloses the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe; or
(C)includes an express waiver of the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian 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).
(e)Regulations Not later than 180 days after March 14, 2000, the Secretary shall issue regulations for identifying types of agreements or contracts that are not covered under subsection (b).
(f)Construction Nothing in this section shall be construed to—
(1)require the Secretary to approve a contract for legal services by an attorney;
(2)amend or repeal the authority of the National Indian Gaming Commission under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); or
(3)alter or amend any ordinance, resolution, or charter of an Indian tribe that requires approval by the Secretary of any action by that Indian tribe.
(R.S. § 2103; Pub. L. 85–770, Aug. 27, 1958, 72 Stat. 927; Pub. L. 106–179, § 2, Mar. 14, 2000, 114 Stat. 46.)
Connections120 cite this · traces to 2
Cited by 120 sections · top 60
public-private-law
U.S. Code
- § 2701Findings
- § 415Leases of restricted lands
- § 8720Definitions
- § 5363Funding agreements
- § 3504Leases, business agreements, and rights-of-way involving energy development or transmission
- § 2711Management contracts
- § 5391Civil actions
- § 416aLease provisions
- § 81aCounsel for prosecution of claims against the United States; cancellation; revival
statutes-at-large
- Public Law 618
- Public Law 617
- Public Law 85–769
- Public Law 1156
- Public Law 106–260To amend the Indian Self-Determination and Education Assistance Act to provide for further self-governance by Indian tribes, and for other purposes
- Public Law 108–204To make technical corrections to laws relating to Native Americans, and for other purposes
- Public Law 109–58To ensure jobs for our future with secure, affordable, and reliable energy
- Public Law 100–497To regulate gaining on Indian lands
- Public Law 107–159To amend the Act entitled “An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases”, approved August 9. 1955, to provide for binding arbitration clauses in leases an
- Public Law 98–163To amend the Act of November 2, 1966, regarding leases and contracts affecting land within the Salt River Pima-Maricopa Indian Reservation
- Public Law 115–325To amend the Indian Tribal Energy Development and Self Determination Act of 2005, and for other purposes
- Public Law 102–184To amend the Indian Self-Determination and Education Assistance Act
- Public Law 106–179To encourage Indian economic development, to provide for the disclosure of Indian tribal sovereign immunity in contracts involving Indian tribes, and for other purposes
- Public Law 116–92To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
CFR
- § 162.006To what types of land use agreements does this part apply?
- § 89.30Contents and approval of contracts.
- § 101.24Loans for expert assistance for preparation and trial of Indian claims.
- § 88.1Employment of attorneys.
- § 1000.2175Must Tribes/Consortia comply with the Secretarial approval requirements of 25 U.S.C. 81; 82a; and 476 regarding professional and attorney contracts?
- § 84.002What terms must I know?
- § 84.001What is the purpose of this part?
- § 162.502Who must obtain a WEEL or WSR lease?
register
- Rules and RegulationsFinal rule
- Presidential DocumentsProposed rule
- NoticesFinal Rule
- Rules and RegulationsFinal rule
- Proposed RulesNotice of proposed rulemaking
- Proposed RulesFinal rule
- Rules and RegulationsCorrecting amendments
- NoticesProposed rule
- NoticesFinal rule
- Proposed RulesNotice of proposed rulemaking
- NoticesFinal rule
- Proposed RulesNotice of Proposed Rulemaking
- Presidential DocumentsFinal rule
- Proposed RulesFinal rule
- Proposed RulesNotice of proposed rulemaking
- Rules and RegulationsFinal Rule
statute-compilations
- Sec. 2868SANTA YNEZ BAND OF CHUMASH INDIANS LAND AFFIRMATION
- Sec. 3405DISPOSAL OF OIL SHALE RESERVE NUMBERED 2
- Sec. 2FINDINGS
- Sec. 503INDIAN ENERGY
- Sec. 108CONTRACT OR GRANT SPECIFICATIONS
- Sec. 403FUNDING AGREEMENTS
- Sec. 12MANAGEMENT CONTRACTS
- Sec. 2604LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION
- Sec. 2869LANDS TO BE TAKEN INTO TRUST AS PART OF THE RESERVATION OF THE LYTTON RANCHERIA
- Sec. 511CIVIL ACTIONS
Traces to 2 documents
U.S. Code
12 references not yet in our index
- Pub. L. 85–770
- 72 Stat. 927
- Pub. L. 106–179, § 2
- 114 Stat. 46
- Pub. L. 100–497
- 102 Stat. 2467
- Mar. 3, 1871, ch. 120, § 3
- 16 Stat. 570
- May 21, 1872, ch. 177
- 17 Stat. 136
- Pub. L. 106–179
- 64 Stat. 1262
Citation graph
cites case law
§ 81
Contracts and agreements with Indian tribes
Fed. Reg.×37
Bills×35
Stat.×18
Stat. Comp.×10
U.S.C.×9
C.F.R.×8
Pub. L.×3
Pub. L.Pub. L. 85–770
Stat.72 Stat. 927
Pub. L.Pub. L. 106–179, § 2
Stat.114 Stat. 46
Pub. L.Pub. L. 100–497
Cites 14 · showing 7Cited by 120 across 7 sources