114 STAT. 46 PUBLIC LAW 106-179—MAR. 14, 2000 25 USC 71 note. Public Law 106-179 106th Congress An Act M 14 9nnn '^° encourage Indian economic development, to provide for the disclosure of Indian
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tribal sovereign immunity in contracts involving Indian tribes, and for other [S. 613] purposes. Be it enacted by the Senate and House of Representatives of Indian Tribal the United States of America in Congress assembled, Economic Development and SECTION 1. SHORT TITLE. Encouragement This Act may be cited as the "Indian Tribal Economic Develop- Act of 2000. ment and Contract Encouragement Act of 2000". SEC. 2. CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES. Section 2103 of the Revised Statutes (25 U.S.C. 81) is amended to read as follows: "SEC. 2103. (a) 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 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). "(3) The term 'Secretary' means the Secretary of the Interior. "(b) 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) 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) 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
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