25 CFR § 84.006 - Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part?
---
identifier: "/us/cfr/t25/s84.006"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 84.006 - Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part?"
title_number: 25
title_name: "Indians"
section_number: "84.006"
section_name: "Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "F"
subchapter_name: "TRIBAL GOVERNMENT"
part_number: "84"
part_name: "ENCUMBRANCES OF TRIBAL LAND—CONTRACT APPROVALS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 81, Pub. L. 106-179."
regulatory_source: "66 FR 38923, July 26, 2001, unless otherwise noted."
cfr_part: "84"
---
# 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.