§ 81. — Contracts and agreements with Indian tribes.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 25USC81]
TITLE 25--INDIANS
CHAPTER 3--AGREEMENTS WITH INDIANS
SUBCHAPTER II--CONTRACTS WITH INDIANS
Sec. 81. Contracts and agreements with Indian tribes
(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 450b(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.
(c) Exception
Subsection (b) of this section 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) of
this section 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) of this section.
(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.
(R.S. Sec. 2103; Pub. L. 85-770, Aug. 27, 1958, 72 Stat. 927; Pub. L.
106-179, Sec. 2, Mar. 14, 2000, 114 Stat. 46.)
References in Text
The Indian Gaming Regulatory Act, referred to in subsec. (f)(2), is
Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is
classified principally to chapter 29 (Sec. 2701 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2701 of this title and Tables.
Codification
R.S. Sec. 2103 derived from acts Mar. 3, 1871, ch. 120, Sec. 3, 16
Stat. 570; May 21, 1872, ch. 177, Secs. 1, 2, 17 Stat. 136.
Amendments
2000--Pub. L. 106-179 amended section generally, substituting
present provisions for provisions which required agreements with Indian
tribes or Indians to be in writing, to bear the approval of the
Secretary, to contain the names of all parties in interest, to state the
time and place of making, purpose, and contingencies, and to have a
fixed time limit to run, and provisions which declared agreements made
in violation of this section to be null and void and which authorized
recovery of amounts in excess of approved amounts, with one half of
recovered amounts to be paid into the Treasury.
1958--Par. Second. Pub. L. 85-770 struck out requirement that
contracts with Indian tribes be executed before a judge of a court of
record.
Par. Sixth. Pub. L. 85-770 struck out par. Sixth enumerating
contractual elements to be certified to by the judge.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 81a, 415, 416a, 450l, 458cc,
458aaa-10, 2701, 2711 of this title.
