§ 36.202 - Effect on existing rights.  


Latest version.
  • The regulations in this subpart are not meant to and do not:

    (a) Affect, modify, diminish, or otherwise impair the sovereign immunity from suit enjoyed by an Indian tribe.

    (b) Authorize, require or permit the termination of any existing trust responsibility of the United States with respect to the Indian people.

    (c) Permit significant reduction in services to Indian people as a result of this subpart.

    (d) Nothing in these regulations shall be construed to require a tribe to apply for a contract or contracts with the Secretary to carry out under the Indian Self-Determination Act any of the Secretary's functions, authorities and responsibilities under the Act of August 5, 1954, as amended, 42 U.S.C. 2001, et seq. Such applications under these regulations are voluntary.

    (e) Nothing in these regulations shall be construed to preclude the making of contracts under any other authority of law nor to restrict contracts with Indian tribes or tribal organizations to contracts entered into under section 103 of the Act.