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25 U.S.C. § 5373 — Funding agreements
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-25/section-5373-funding-agreements--e34a484c3e.md
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Source location: Title 25, Chapter 46, § 5373; chapter-046-indian-self-determination-and-education-assistance.md
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**(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 to agencies other than the Department of the Interior; and
(C) any other program, service, function, or activity (or portion thereof) that is provided through the Bureau of Indian Affairs, the Office of the Assistant Secretary for Indian Affairs, or the Office of the Special Trustee for American Indians with respect to which Indian Tribes or Indians are primary or significant beneficiaries;
(2) subject to such terms as may be negotiated, authorize the tribe to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the Department of the Interior, other than through the Bureau of Indian Affairs, that are otherwise available to Indian tribes or Indians, as identified in [section 5372(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5372/c&num=0&edition=prelim), except that nothing in this subsection may be construed to provide any tribe with a preference with respect to the opportunity of the tribe to administer programs, services, functions, and activities, or portions thereof, unless such preference is otherwise provided for by law; and
(3) subject to the terms of the agreement, authorize the tribe to redesign or consolidate programs, services, functions, and activities, or portions thereof, and reallocate funds for such programs, services, functions, and activities, or portions thereof, except that, with respect to the reallocation, consolidation, and redesign of programs described in paragraph (2), a joint agreement between the Secretary and the tribe shall be required.
**(c) Additional activities** Each funding agreement negotiated pursuant to subsections (a) and (b) of this section may, in accordance to such additional terms as the parties deem appropriate, also include other programs, services, functions, and activities, or portions thereof, administered by the Secretary of the Interior which are of special geographic, historical, or cultural significance to the participating Indian tribe requesting a compact.
**(d) Provisions relating to Secretary** Funding agreements negotiated between the Secretary and an Indian tribe shall include provisions—
(1) to monitor the performance of trust functions by the tribe through the annual trust evaluation, and
(2) for the Secretary to reassume a program, service, function, or activity, or portions thereof, if there is a finding of imminent jeopardy to a physical trust asset, natural resources, or public health and safety.
**(e) Construction projects**
(1) Regarding construction programs or projects, the Secretary and Indian tribes may negotiate for the inclusion of specific provisions of division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41 and Federal acquisition regulations in any funding agreement entered into under this chapter. Absent a negotiated agreement, such provisions and regulatory requirements shall not apply.
(2) In all construction projects performed pursuant to this subchapter, the Secretary shall ensure that proper health and safety standards are provided for in the funding agreements.
**(f) Submission** Not later than 90 days before the proposed effective date of an agreement entered into under this section, the Secretary shall submit a copy of such agreement to each Indian Tribe that is served by the Agency that is serving the tribe that is a party to the funding agreement.
**(g) Payment**
(1) At the request of the governing body of the tribe and under the terms of an agreement entered into under this section, the Secretary shall provide funding to the tribe to carry out the agreement.
(2) The funding agreements authorized by this subchapter and title III of this Act shall provide for advance payments to the tribes in the form of annual or semi-annual installments at the discretion of the tribes.
(3) Subject to paragraph (4) of this subsection and paragraphs (1) through (3) of subsection (b) of this section, the Secretary shall provide funds to the tribe under an agreement under this subchapter for programs, services, functions, and activities, or portions thereof, in an amount equal to the amount that the tribe would have been eligible to receive under contracts and grants under this chapter, including amounts for direct program and contract support costs and, in addition, any funds that are specifically or functionally related to the provision by the Secretary of services and benefits to the tribe or its members, without regard to the organization level within the Department where such functions are carried out.
(4) Funds for trust services to individual Indians shall be available under an agreement entered into under this section only to the extent that the same services that would have been provided by the Secretary are provided to individual Indians by the tribe.
**(h) Civil actions**
(1) Except as provided in paragraph (2), 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 agreements entered into under this subchapter.
(2) For the period that an agreement entered into under this subchapter is in effect, the provisions of [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim), [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), and the Act of July 3, 1952 ([25 U.S.C. 82a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section82a&num=0&edition=prelim)), shall not apply to attorney and other professional contracts by Indian tribal governments participating in Self-Governance under this subchapter.
**(i) Facilitation**
(1) Except as otherwise provided by law, the Secretary shall interpret each Federal law and regulation in a manner that will facilitate—
(A) the inclusion of programs, services, functions, and activities in the agreements entered into under this section; and
(B) the implementation of agreements entered into under this section.
(2)
(A) A tribe may submit a written request for a waiver to the Secretary identifying the regulation sought to be waived and the basis for the request.
(B) Not later than 60 days after receipt by the Secretary of a written request by a tribe to waive application of a Federal regulation for an agreement entered into under this section, the Secretary shall either approve or deny the requested waiver in writing to the tribe. A denial may be made only upon a specific finding by the Secretary that identified language in the regulation may not be waived because such waiver is prohibited by Federal law. The Secretary’s decision shall be final for the Department.
**(j) Funds** All funds provided under funding agreements entered into pursuant to this chapter, and all funds provided under contracts or grants made pursuant to this chapter, shall be treated as non-Federal funds for purposes of meeting matching requirements under any other Federal law.
**(k) Disclaimer** Nothing in this section is intended or shall be construed to expand or alter existing statutory authorities in the Secretary so as to authorize the Secretary to enter into any agreement under subsection (b)(2) of this section and [section 5372(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5372/c&num=0&edition=prelim) with respect to functions that are inherently Federal or where the statute establishing the existing program does not authorize the type of participation sought by the tribe: Provided, however an Indian tribe or tribes need not be identified in the authorizing statute in order for a program or element of a program to be included in a compact under subsection (b)(2) of this section.
**(l) Incorporate self-determination provisions** At the option of a participating tribe or tribes, any or all provisions of subchapter I of this chapter shall be made part of an agreement entered into under title III of this Act or this subchapter. The Secretary is obligated to include such provisions at the option of the participating tribe or tribes. If such provision is incorporated it shall have the same force and effect as if set out in full in title III or this subchapter.
**(m) Other provisions**
(1) **Excluded funding** — A funding agreement shall not authorize an Indian Tribe to plan, conduct, administer, or receive Tribal share funding under any program that—
(A) is provided under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ([25 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1801&num=0&edition=prelim) et seq.); or
(B) is provided for elementary and secondary schools under the formula developed under [section 2007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim).
(2) **Services, functions, and responsibilities** — A funding agreement shall specify—
(A) the services to be provided under the funding agreement;
(B) the functions to be performed under the funding agreement; and
(C) the responsibilities of the Indian Tribe and the Secretary under the funding agreement.
(3) **Base budget**
(A) *In general* — A funding agreement shall, at the option of the Indian Tribe, provide for a stable base budget specifying the recurring funds (which may include funds available under [section 5325(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5325/a&num=0&edition=prelim)) to be transferred to the Indian Tribe, for such period as the Indian Tribe specifies in the funding agreement, subject to annual adjustment only to reflect changes in congressional appropriations.
(B) *Limitations* — Notwithstanding subparagraph (A), a funding agreement shall not specify funding associated with a program described in subsection (b)(2) or (c) unless the Secretary agrees.
(4) **No waiver of trust responsibility** — A funding agreement shall prohibit the Secretary from waiving, modifying, or diminishing in any way the trust responsibility of the United States with respect to Indian Tribes and individual Indians that exists under treaties, Executive orders, court decisions, and other laws.
**(n) Amendment** The Secretary shall not revise, amend, or require additional terms in a new or subsequent funding agreement without the consent of the Indian Tribe, unless such terms are required by Federal law.
**(o) Effective date** A funding agreement shall become effective on the date specified in the funding agreement.
**(p) Existing and subsequent funding agreements**
(1) **Subsequent funding agreements** — Absent notification from an Indian Tribe that the Indian Tribe is withdrawing or retroceding the operation of one or more programs identified in a funding agreement, or unless otherwise agreed to by the parties to the funding agreement or by the nature of any noncontinuing program, service, function, or activity contained in a funding agreement—
(A) a funding agreement shall remain in full force and effect until a subsequent funding agreement is executed, with funding paid annually for each fiscal year the agreement is in effect; and
(B) the term of the subsequent funding agreement shall be retroactive to the end of the term of the preceding funding agreement for the purposes of calculating the amount of funding to which the Indian Tribe is entitled.
(2) **Disputes** — Disputes over the implementation of paragraph (1)(A) shall be subject to [section 5366(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5366/c&num=0&edition=prelim).
(3) **Existing funding agreements** — An Indian Tribe that was participating in self-governance under this subchapter on October 21, 2020, shall have the option at any time after that date—
(A) to retain its existing funding agreement (in whole or in part) to the extent that the provisions of that funding agreement are not directly contrary to any express provision of this subchapter; or
(B) to negotiate a new funding agreement in a manner consistent with this subchapter.
(4) **Multiyear funding agreements** — An Indian Tribe may, at the discretion of the Indian Tribe, negotiate with the Secretary for a funding agreement with a term that exceeds 1 year.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and
(2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons.
**(b) Further findings** The Congress further finds that—
(1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles;
(2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and
(3) parental and community control of the educational process is of crucial importance to the Indian people.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Administrative cost**
(A) *In general* — The term “administrative cost” means the cost of necessary administrative functions which—
(i) the tribe or tribal organization incurs as a result of operating a tribal elementary or secondary educational program;
(ii) are not customarily paid by comparable Bureau-operated programs out of direct program funds; and
(iii) are either—
(I) normally provided for comparable Bureau programs by Federal officials using resources other than Bureau direct program funds; or
(II) are otherwise required of tribal self-determination program operators by law or prudent management practice.
(B) *Inclusions* — The term “administrative cost” may include—
(i) contract or grant (or other agreement) administration;
(ii) executive, policy, and corporate leadership and decisionmaking;
(iii) program planning, development, and management;
(iv) fiscal, personnel, property, and procurement management;
(v) related office services and record keeping; and
(vi) costs of necessary insurance, auditing, legal, safety and security services.
(2) **Bureau elementary and secondary functions** — The term “Bureau elementary and secondary functions” means—
(A) all functions funded at Bureau schools by the Office;
(B) all programs—
(i) funds for which are appropriated to other agencies of the Federal Government; and
(ii) which are administered for the benefit of Indians through Bureau schools; and
(C) all operation, maintenance, and repair funds for facilities and Government quarters used in the operation or support of elementary and secondary education functions for the benefit of Indians, from whatever source derived.
(3) **Direct cost base**
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 450 was editorially reclassified as [section 5301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Request by tribe for contract or grant by Secretary of the Interior for improving, etc., tribal governmental, contracting, and program planning activities** The Secretary of the Interior is authorized, upon the request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim), and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for—
(1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources);
(2) the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to [section 5321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) and the additional costs associated with the initial years of operation under such a contract or contracts; or
(3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within Indian country (as defined in chapter 53 of title 18) or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of 11 So in original. Probably should be followed by “the”. Interior may (upon request of the tribe) acquire such land in trust for the tribe.
**(b) Grant
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5331
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 456 was editorially reclassified as [section 5346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5346&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458cc
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adoption; effective date** Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when—
(1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and
(2) approved by the Secretary pursuant to subsection (d) of this section.
**(b) Revocation** Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) of this section for the adoption of a constitution or bylaws.
**(c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings**
(1) The Secretary shall call and hold an election as required by subsection (a) of this section—
(A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or
(B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws.
(2) During the time periods established by paragraph (1), the Secretary shall—
(A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and
(B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws.
(3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5123
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Factors considered; revision to reflect standards**
(1) **Formula** — The Secretary shall establish, by regulation adopted in accordance with [section 2017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2017&num=0&edition=prelim), a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider—
(A) the number of eligible Indian students served and total student population of the school;
(B) special cost factors, such as—
(i) the isolation of the school;
(ii) the need for special staffing, transportation, or educational programs;
(iii) food and housing costs;
(iv) maintenance and repair costs associated with the physical condition of the educational facilities;
(v) special transportation and other costs of isolated and small schools;
(vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board;
(vii) costs associated with greater lengths of service by education personnel;
(viii) the costs of therapeutic programs for students requiring such programs; and
(ix) special costs for gifted and talented students;
(C) the cost of providing academic services which are at least equivalent to those provided by public schools in the State in which the school is located;
(D) whether the available funding will enable the school involved to comply with the accreditation standards applicable to the school under [section 2001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2001&num=0&edition=prelim); and
(E) such other relevant factors as the Secretary determin
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2007
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 81
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