CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER F—TRIBAL GOVERNMENT (parts 61 to 91) > PART 84—ENCUMBRANCES OF TRIBAL LAND—CONTRACT APPROVALS > 84.006—Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part?

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.