25 CFR 84.006 : Indians (§ 1.1 To Parts 1201-1299) — (§ 1.1 To Appendix To Chapter I) — Bureau Of Indian Affairs, Department Of The Interior (§ 1.1 To Appendix To Chapter I) — Tribal Government (§ 61.1 To § 91.15) — Encumbrances Of Tribal Land - Contract Approvals (§ 84.001 To § 84.008) — 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.