{"identifier":"/us/usc/t25/s81","title":25,"num":"\u00a7\u202f81.","heading":"Contracts and agreements with Indian tribes","text":"\u00a7\u202f81.\nContracts and agreements with Indian tribes\n(a)\nDefinitions\nIn this section:\n(1) The term \u201cIndian lands\u201d 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.\n(2) The term \u201cIndian tribe\u201d has the meaning given that term in\nsection 5304(e) of this title\n(3) The term \u201cSecretary\u201d means the Secretary of the Interior.\n(b)\nApproval\nNo 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.\n(c)\nException\nSubsection (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.\n(d)\nUnapproved agreements\nThe 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\u2014\n(1) violates Federal law; or\n(2) does not include a provision that\u2014\n(A) provides for remedies in the case of a breach of the agreement or contract;\n(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\n(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).\n(e)\nRegulations\nNot later than 180 days after\nMarch 14, 2000\n(f)\nConstruction\nNothing in this section shall be construed to\u2014\n(1) require the Secretary to approve a contract for legal services by an attorney;\n(2) amend or repeal the authority of the National Indian Gaming Commission under the Indian Gaming Regulatory Act (\n25 U.S.C. 2701\n(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.","url":"https://projectusc.org/usc/t25/s81.html","content":[{"t":"sec","id":"/us/usc/t25/s81","children":[{"t":"num","text":"\u00a7\u202f81."},{"t":"heading","text":"Contracts and agreements with Indian tribes"},{"t":"subsec","id":"/us/usc/t25/s81/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t25/s81/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201cIndian lands\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s81/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201cIndian tribe\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 5304(e) of this title","href":"/us/usc/t25/s5304/e","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s81/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201cSecretary\u201d means the Secretary of the Interior.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t25/s81/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Approval"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t25/s81/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t25/s81/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Unapproved agreements"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t25/s81/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" violates Federal law; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s81/d/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" does not include a provision that\u2014"},{"t":"subpara","id":"/us/usc/t25/s81/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" provides for remedies in the case of a breach of the agreement or contract;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s81/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t25/s81/d/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t25/s81/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Regulations"},{"t":"content","children":[{"t":"p","text":"Not later than 180 days after ","children":[{"t":"text","text":"March 14, 2000","tail":", the Secretary shall issue regulations for identifying types of agreements or contracts that are not covered under subsection (b)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t25/s81/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Construction"},{"t":"chapeau","text":"Nothing in this section shall be construed to\u2014"},{"t":"para","id":"/us/usc/t25/s81/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" require the Secretary to approve a contract for legal services by an attorney;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s81/f/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" amend or repeal the authority of the National Indian Gaming Commission under the Indian Gaming Regulatory Act (","children":[{"t":"ref","text":"25 U.S.C. 2701","href":"/us/usc/t25/s2701","tail":" et seq.); or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t25/s81/f/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}