Free Declaration - District Court of Federal Claims - federal

Case 1:89-cv-00218-EJD

Document 144-10

Filed 03/20/2006

Page 1 of 3

2suscA $ 81

Page I

25 U.S.C.A. 8l S

c

Effective: March 14. 2000

United StatesCode Annotated Currentness Title 25. Indians ÑEI Chapter 3. Agreementswith Indians ÑB SubchapterII. Contractswith Indians +S 81. Contracts and agreementswith 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 Statesagainst alienation. (2) The term "Indian tribe" hasthe meaning given that term in section 450b(e) of this title. (3) The term "Secretary" meansthe Secretaryof the Interior. (b) Approval No agreementor contract with an Indian tribe that encumbersIndian 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 desigree of the Secretary. (c) Exception Subsection(b) of this section shall not apply to any agreementor contract that the Secretary(or a designeeof the Secretary)determinesis not covered under that subsection. (d) Unapproved agreements The Secretary(or a designeeofthe Secretary)shall refuse to approve an agreementor contractthat is coveredunder subsection (b) of this section if the Secretary (or a designee of the Secretary)determines that the agreementor confract-(1) violatesFederallaw; or (2) does not include a provision that-(A) provides for remediesin the caseof a breach of the agreementor contract; (B) referencesa tribal code, ordinance, or ruling of a court of competentjurisdiction that discloses the right of the Indian tribe to assertsovereign immunþ as a defensein an action brought against the Indian tribe; or (C) includes an express waiver of the right of the Indian tribe to assertsovereign immunþ as a defensein 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 respectto such an action). (e) Regulations O 2006 Thomson/West. Claim to Orig. U.S. GoW,Vy'orks. No

A-19

Case 1:89-cv-00218-EJD
25 USCA$ 81

Document 144-10

Filed 03/20/2006

Page 2 of 3
Page2

2su,s.c.A.8r $

Not later than 180 days after March 14, 2000, the Secretary shall issueregulationsfor identi$ing types of (b) agreements contracts arenot covered or that undersubsection ofthis section. (f) Construction Nothingin this section shallbe construed to-(1) requirethe Secretary approve contract legalservices an attorney; to a for by (2) amend or repeal the authority of the National Indian Gaming Commissionunder the Indian Gaming Regulatory (25U.S.C. Act 2701et seq.);or (3) alteror amend ordinance, any resolution, charter or ofan Indiantribethatrequires approval the Secretary by of anyactionby thatIndiantribe.

cREDrr(s)
(R.S.$2103;Pub.L.85-770,Au}.27,1958,725tat.927; 106-179. 2. ll4ar.14,2000,ll4Stat.46.) Pub.L. { HISTORICALAND STATUTORYNOTES Revision NotesandLegislative Reports 1958 Acts.House ReportNo.2449, 1958 see U.S.CodeCong. Adm.News, 3961. p. and 2000Acts.House Report No. 106-501, 2000U.S.CodeCong. see p. andAdm.News, 69. Codifrcations R . S . $2 1 0 3 w a s f r o m A c t s M a r . 3 , l 8 7 l , c . l 2 01$ S t a t . 5 7I0 4 a y 2 l , 1 8 7 2 , c . l 7 7 , $ g2 , 1 7 t a t1 3 6 . 3, , 6 i; 1, S . Amendments 2000Amendments. Pub.L.106-179. 2. rewrote section, the whichread: Q "No agreement shall be madeby any personwith any tribe of Indians,or individual Indiansnot citizensof the United States, the payment deliveryof anymoneyor otherthing of value,in present in prospective, for for or or or the grantingor procuringany privilegeto him, or any otherpersonin consideration services saidIndians for of relativeto their lands,or to any claimsgrowingout of, or in reference annuities, to, installments, othermoneys, or claims,demands, thing, underlawsor treaties or with the UnitedStates, ofücial actsof anyoffîcersthereof, in or or arryway connected with or duefrom the UnitedStates, unless suchcontractor agreement executed approved be and asfollows: "First. Suchagreement shallbe in writing, anda duplicate it delivered each party. of to "Second. shallbearthe approval the Secretary the Interiorand the Commissioner IndianAffairs indorsed It of of of uponit. of "Third. It shallcontainthe names all parties interest, in theirresidence occupation;andif madewith a tribe, and by their tribal authorities, scope of authorityand the reasonfor exercisingthat authority,shall be given the specifically. "Fourth. It shallstate time whenandplacewheremade, particularpurpose whichmade, special the the for the thing or thingsto be doneunderit, and,if for the collection money, basisof theclaim,the source of the from whichit is to be collected, disposition be madeof it whencollected, amountor rateper centumof the fee in all cases; the to the @ 2006Thomson/West. Claimto Orig. U.S.Govt.Works. No

A-20

Case 1:89-cv-00218-EJD 2suscA$ 81 25U.S.C.A. $ 8r

Document 144-10

Filed 03/20/2006

Page 3 of 3
Page 3

and if any contingent matteror conditionconstitutes part of the contractor agreement, shallbe specifrcally a it set forth. "Fifth. It shallhavea fixed limitedtime to run,which shallbe distinctlystated. or madein violationof this section "All contracts agreements shallbe null andvoid, andall moneyor otherthing of valuepaid to any personby any Indian or tribe, or any one else,for or on his or theil behalf,on account such of services, excess the amount in of approved the Commissioner Secretary suchservices, by and for may be recovered by suit in the nameof the United States any court of the United States, in regardless the amountin controversy; of andone-half thereofshallbe paidto the person suingfor the same, the otherhalf shallbe paid into theTreasury and for theuseof theIndianor tribeby or for whomit wassopaid." 1958Amendments. Second.Pub.L.85-770 Par. deleted requirement contracts that with Indiantribesbe executed beforeajudge of a courtof record, Par.Sixth.Pub.L.85-770deleted Sixthenumerating par. contractual elements be certifiedto by thejudge. to Transfer ofFunctions For transferof functionsof otherofftcers,employees, agencies the Depar.tment the Interior, with certain and of of exceptions, the Secretary the Interior,with powerto delegate, Reorg.Plan 3 of 1950,$ $ l, 2, eff. May to of see No. 24,1950,15F.R.3774,64StaI.1262, out in theAppendix Title 5, Government set to Organization Employees. and CROSS REFERENCES Forfeiture moneyreceived of contraryto this sectionandpunishment flineor imprisonment, l8 USCA by see Q 438. Necessityof previousconsentof United Statesto validatecontracts regardingtribal funds or properfyin hands UnitedStates, 25 USCA $ 85. of see Tribal self-governance fundingagreements civil actions, 25 USCA{ 458cc. and see CODEOF FEDERALREGULATIONS Attorneycontracts with Indiantribesnot organized underIndianReorganization see25 CFR $ $ 89.7to Act, 89.26. LAW REVIEW COMMENTARIES Cooperative agreements: Government-to-government relationsto fosterreservation business development. JoelH. MackandGwynGoodson Timms, Pepp.L.Rev. 20 1295(1993). Doing business with Indiansand the three "S"es: Secretarial approval.sovereign immunity. and subject jurisdiction.WilliamV. Vetter. Ariz.L.Rev. (1994). matter 36 169 Your placeor mine? Commercial transactions between Indian tribesand non-Indians Oklahoma--New in rulesfor tribalsovereign immunity.Mike McBrideIII, 67 Okla.B.J. 3lg3 (1996). LIBRARY REFERENCES Corpus JurisSecundum CJSIudians 31,Contracts. $ CJSIndians 38,General Considerations. S @ 2006Thomson/West. Claimto Orig.U.S.Gow.Works. No

A-21