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Current as of January 02, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 25. Indians § 25.84.006 Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-25-indians/cfr-sect-25-84-006/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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