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U.S. Code as of:
01/02/2006
Section 81. Contracts and agreements with Indian tribes
(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 450b(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) of this section 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) of this section 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) of this section.
(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.
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