25 U.S.C. § 81 — Contracts and agreements with Indian tribes

submitted 68 years ago by Pub. L. 85-770 to r/title-25-INDIANS · 414 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law controls contracts that tie up Indian tribal land for 7 years or more. The Secretary of the Interior must approve most such contracts, and must refuse to approve ones that break federal law or fail to protect the tribe.

(a) Definitions. "Indian lands" means land the United States holds in trust for a tribe, or tribal land the United States restricts from being sold. "Indian tribe" has the meaning given in section 5304(e) of this title. "Secretary" means the Secretary of the Interior. (b) Approval. A contract or agreement that ties up Indian land for 7 years or more is not valid unless the Secretary, or someone the Secretary designates, approves it. (c) Exception. Subsection (b) does not apply to any contract or agreement the Secretary decides is not covered by it. (d) Unapproved agreements. The Secretary must refuse to approve a covered contract if it breaks federal law, or if it is missing key protections: a way to fix things if either side breaks the deal; language pointing to a tribal law or court ruling that lets the tribe raise sovereign immunity as a defense; or a clear waiver of the tribe's right to claim sovereign immunity as a defense (a waiver that can still limit what a lawsuit may win or which court may hear it). (e) Regulations. Within 180 days of March 14, 2000, the Secretary had to issue rules identifying which kinds of contracts are not covered by subsection (b). (f) What this section does not do. It does not force the Secretary to approve an attorney's contract for legal services. It does not change the National Indian Gaming Commission's authority under the Indian Gaming Regulatory Act. And it does not alter any tribe's own ordinance, resolution, or charter that already requires the Secretary's approval for some action.

the actual law source: uscode.house.gov ↗public domain

(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 5304(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.

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.

(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) 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).

(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.

Source credit: (R.S. § 2103; Pub. L. 85–770, Aug. 27, 1958, 72 Stat. 927; Pub. L. 106–179, § 2, Mar. 14, 2000, 114 Stat. 46.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-770 · 72 Stat. 927
2000Amended · Pub. L. 106-179 · 114 Stat. 46

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-770 on 1958-08-27.

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