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

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

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

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Stable record: federal_law:legal_authorities:record_usc_a020efa8a489ea8b4e808bfd
Source file: Laws/federal/codes/united-states-code/title-25/section-81-contracts-and-agreements-with-indian-tribes--1ddf1b2577.md
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Source location: Title 25, Chapter 3, § 81; chapter-003-agreements-with-indians.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2701&num=0&edition=prelim) 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.

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

25 U.S.C. § 2701 — Findings

The Congress finds that— (1) numerous Indian tribes have become engaged in or have licensed gaming activities on Indian lands as a means of generating tribal governmental revenue; (2) Federal courts have held that [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim) requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts; (3) existing Federal law does not provide clear standards or regulations for the conduct of gaming on Indian lands; (4) a principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government; and (5) Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohibited by Federal law and is conducted within a State which does not, as a matter of criminal law and public policy, prohibit such gaming activity.

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

10 U.S.C. § 8720 — Definitions

In this chapter: (1) The term “national defense” includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and military emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions. (2) The term “naval petroleum reserves” means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924. (3) The term “petroleum” includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources. (4) The term “Secretary” means the Secretary of Energy. (5) The term “small refiner” means an owner of a refinery or refineries (including refineries not in operation) who qualifies as a small business refiner under the rules and regulations of the Small Business Administration. (6) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8720

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

25 U.S.C. § 2711 — Management contracts

**(a) Class II gaming activity; information on operators** (1) Subject to the approval of the Chairman, an Indian tribe may enter into a management contract for the operation and management of a class II gaming activity that the Indian tribe may engage in under [section 2710(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2710/b/1&num=0&edition=prelim), but, before approving such contract, the Chairman shall require and obtain the following information: (A) the name, address, and other additional pertinent background information on each person or entity (including individuals comprising such entity) having a direct financial interest in, or management responsibility for, such contract, and, in the case of a corporation, those individuals who serve on the board of directors of such corporation and each of its stockholders who hold (directly or indirectly) 10 percent or more of its issued and outstanding stock; (B) a description of any previous experience that each person listed pursuant to subparagraph (A) has had with other gaming contracts with Indian tribes or with the gaming industry generally, including specifically the name and address of any licensing or regulatory agency with which such person has had a contract relating to gaming; and (C) a complete financial statement of each person listed pursuant to subparagraph (A). (2) Any person listed pursuant to paragraph (1)(A) shall be required to respond to such written or oral questions that the Chairman may propound in accordance with his responsibilities under this section. (3) For purposes of this chapter, any reference to the management contract described in paragraph (1) shall be considered to include all collateral agreements to such contract that rel

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2711

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

25 U.S.C. § 3504 — Leases, business agreements, and rights-of-way involving energy development or transmission

**(a) Leases and business agreements** In accordance with this section— (1) an Indian tribe may, at the discretion of the Indian tribe, enter into a lease or business agreement for the purpose of energy resource development on tribal land, including a lease or business agreement for— (A) exploration for, extraction of, processing of, or other development of the energy mineral resources of the Indian tribe located on tribal land; (B) construction or operation of— (i) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; or (ii) a facility to process or refine energy resources, at least a portion of which have been developed on or produced from tribal land; or (C) pooling, unitization, or communitization of the energy mineral resources of the Indian tribe located on tribal land with any other energy mineral resource (including energy mineral resources owned by the Indian tribe or an individual Indian in fee, trust, or restricted status or by any other persons or entities) if the owner, or, if appropriate, lessee, of the resources has consented or consents to the pooling, unitization, or communitization of the other resources under any lease or agreement; and (2) a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim), or any other provision of law (including regulations), if the lease or business agreement— (A) was executed— (i) in accordance with the requirements of a tribal energy resource agreement in effect under subsecti

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3504

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

25 U.S.C. § 415 — Leases of restricted lands

**(a) Authorized purposes; term; approval by Secretary** Any restricted Indian lands, whether tribally, or individually owned, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such leases, for grazing purposes, and for those farming purposes which require the making of a substantial investment in the improvement of the land for the production of specialized crops as determined by said Secretary. All leases so granted shall be for a term of not to exceed twenty-five years, except leases of land located outside the boundaries of Indian reservations in the State of New Mexico, leases of land on the Agua Caliente (Palm Springs) Reservation, the Dania Reservation, the Pueblo of Santa Ana (with the exception of the lands known as the “Santa Ana Pueblo Spanish Grant”), the reservation of the Confederated Tribes of the Warm Springs Reservation of Oregon, the Moapa Indian Reservation, the Swinomish Indian Reservation, the Southern Ute Reservation, the Fort Mojave Reservation, the Confederated Tribes of the Umatilla Indian Reservation, the Burns Paiute Reservation, the Coeur d’Alene Indian Reservation, the Kalispel Indian Reservation and land held in trust for the Kalispel Tribe of Indians, the Puyallup Tribe of Indians, the pueblo of Cochiti, Ohkay Owingeh pueblo, the pueblo of Pojoaque, the pueblo of Santa Clara, the pueblo of Tesuque, the pueblo of Zuni, the Hualapai Reservation, the Spokane Reservation, the San Carlos Apache Reservation, the Yavapai-Prescott Community Reservation, the Pyramid Lake Reservation, the Gila River Reservation, the Soboba Indian Re

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 415

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

25 U.S.C. § 416a — Lease provisions

**(a) Covenant not to cause waste, etc.** Every lease entered into under [section 416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section416&num=0&edition=prelim) shall contain a covenant on the part of the lessee that he will not commit or permit on the leased land any act which causes waste or a nuisance or which creates a hazard to health of persons or to property, wherever such persons or property may be. **(b) Judicial enforcement** The State of Arizona, or any political subdivision thereof contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may bring suit, without regard to the amount in controversy, in the United States District Court for the District of Arizona to abate or enjoin any violation of the covenant required under subsection (a): Provided, That if, by reason of the citizenship of the parties and the law applicable to the cause of action, the District Court finds it lacks jurisdiction to hear and determine such suit, it may be brought in any court of competent jurisdiction of the State of Arizona. **(c) Binding arbitration of disputes** Any contract, including a lease, affecting land within the Salt River Pima-Maricopa Indian Reservation may contain a provision for the binding arbitration of disputes arising out of such contract. Such contracts shall be considered within the meaning of “commerce” as defined and subject to the provisions of [section 1 of title 9](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section1&num=0&edition=prelim). Any refusal to submit to arbitration pursuant to a binding agreement for arbitration or the exercise of any right conferred by title 9 to abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9, sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 416a

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

25 U.S.C. § 5347 — AGREEMENT BETWEEN THE SECRETARY AND THE ______ TRIBAL GOVERNMENT.

**(a) Authority and Purpose.—** (1) **Authority.—** — This agreement, denoted a Self-Determination Contract (referred to in this agreement as the ‘Contract’), is entered into by the Secretary of the Interior or the Secretary of Health and Human Services (referred to in this agreement as the ‘Secretary’), for and on behalf of the United States pursuant to title I of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.) 11 See References in Text note below. and by the authority of the ______ tribal government or tribal organization (referred to in this agreement as the ‘Contractor’). The provisions of title I of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.) 1 are incorporated in this agreement. (2) **Purpose.—** — Each provision of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.) 1 and each provision of this Contract shall be liberally construed for the benefit of the Contractor to transfer the funding and the following related functions, services, activities, and programs (or portions thereof), that are otherwise contractable under section 102(a) of such Act, including all related administrative functions, from the Federal Government to the Contractor: (List functions, services, activities, and programs). **(b) Terms, Provisions, and Conditions.—** (1) **Term.—** — Pursuant to section 105(c)(1) of the Indian Self-Determination and Education Assistance Act ([25 U.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5347

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

25 U.S.C. § 5373 — Funding agreements

**(a) Authorization** The Secretary shall, on the request of any Indian Tribe or Tribal organization, negotiate and enter into a written funding agreement with the governing body of the Indian Tribe or the Tribal organization in a manner consistent with— (1) the trust responsibility of the Federal Government, treaty obligations, and the government-to-government relationship between Indian Tribes and the United States; and (2) subsection (b). **(b) Contents** Each funding agreement shall— (1) authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior through the Bureau of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, and the Office of the Special Trustee for American Indians, without regard to the agency or office of that Bureau or those Offices within which the program, service, function, and activity, or portion thereof, is performed, including funding for agency, area, and central office functions in accordance with subsection (g)(3) of this section, and including— (A) any program, service, function, and activity, or portion thereof, administered under the authority of— (i) the Act of April 16, 1934 ([25 U.S.C. 452](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section452&num=0&edition=prelim) et seq.); 11 See References in Text note below. and (ii) [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim); (B) programs, services, functions, and activities or portions thereof administered by the Secretary of the Interior that are otherwise available to Indian tribes or Indians for which appropriations are made

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

25 U.S.C. § 5412 — Civil actions

**(a) Contract defined** For the purposes of [section 5331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5331&num=0&edition=prelim), the term “contract” shall include compacts and funding agreements entered into under this subchapter. **(b) Applicability of certain laws** [Section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim) and [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), shall not apply to attorney and other professional contracts entered into by Indian tribes participating in self-governance under this subchapter. **(c) References** All references in this chapter to [section 5201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5201&num=0&edition=prelim) are hereby deemed to include [section 82a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section82a&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5412

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 81a

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