[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR84.006]

[Page 268]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 84_ENCUMBRANCES OF TRIBAL LAND_CONTRACT APPROVALS--Table of Contents
 
Sec. 84.006  Under what circumstances will the Secretary disapprove 

a contract or agreement that requires Secretarial approval under 
this part?

    (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.