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25 U.S.C. § 81a — Counsel for prosecution of claims against the United States; cancellation; revival

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 81a — Counsel for prosecution of claims against the United States; cancellation; revival

Any contracts or agreements approved prior to June 26, 1936, by the Secretary of the Interior between the authorities of any tribe, band, or group of Indians and their attorneys for the prosecution of claims against the United States, which provide that such contracts or agreements shall run for a period of years therein specified, and as long thereafter as may be required to complete the business therein provided for, or words of like import, or which provide that compensation for services rendered shall be on a quantum-meruit basis not to exceed a specified percentage, shall be deemed a sufficient compliance with [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim): Provided, however, That nothing herein contained shall limit the power of the Secretary of the Interior, after due notice and hearing and for proper cause shown, to cancel any such contract or agreement: Provided further, That the provisions of this section and [section 81b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81b&num=0&edition=prelim) shall not be construed to revive any contract which has been terminated by lapse of time, operation of law, or by acts of the parties thereto.

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Source file: Laws/federal/codes/united-states-code/title-25/section-81a-counsel-for-prosecution-of-claims-against-the-united-states-cancellation--be8551646d.md
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Source location: Title 25, Chapter 3, § 81a; chapter-003-agreements-with-indians.md

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 81b — Continuation of contracts with attorneys containing limitation of time where suits have been filed

Any existing valid contract made and approved prior to June 26, 1936, pursuant to any Act of Congress by any tribe, band, or group of Indians with an attorney or attorneys for the rendition of services in the prosecution of claims against the United States under authority of which suit or suits have been filed, and which contains a limitation of time for the completion of the services to be performed may be continued in full force unless a subsequent contract dealing with the same subject matter has been made and approved.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 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 5304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/e&num=0&edition=prelim). (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) 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 limi

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 81a — Counsel for prosecution of claims against

Page 28 TITLE 25—INDIANS § 81 SUBCHAPTER II—CONTRACTS WITH INDIANS § 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 alien- ation. (2) The term ‘‘Indian tribe’’ has the meaning given that term in section 5304(e) of this title. (3) The term ‘‘Secretary’’ means the Sec- retary 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) shall not apply to any agree- ment or contract that the Secretary (or a des- ignee of the Secretary) determines is not cov- ered 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 Sec- retary (or a designee of the Secretary) deter- mines 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 immu- nity as a defense in an action brought against the Indian t

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