0120 Attachment 2

0120 SS Attachment 2 applicable citations.pdf

30 CFR 202, 206, 210, 212, 217, and 218, Solid Minerals and Geothermal Collections

0120 Attachment 2

OMB: 1010-0120

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 25USC2103]

TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 2103. Secretary's determination on Minerals Agreements

(a) Time; enforcement
The Secretary shall approve or disapprove any Minerals Agreement
submitted to him for approval within (1) one hundred and eighty days
after submission or (2) sixty days after compliance, if required, with
section 4332(2)(C) of title 42 or any other requirement of Federal law,
whichever is later. Any party to such an agreement may enforce the
provisions of this subsection pursuant to section 1361 of title 28.
(b) Factors for consideration; extent of required study
In approving or disapproving a Minerals Agreement, the Secretary
shall determine if it is in the best interest of the Indian tribe or of
any individual Indian who may be party to such agreement and shall
consider, among other things, the potential economic return to the
tribe; the potential environmental, social, and cultural effects on the
tribe; and provisions for resolving disputes that may arise between the
parties to the agreement: Provided, That the Secretary shall not be
required to prepare any study regarding environmental, socioeconomic, or
cultural effects of the implementation of a Minerals Agreement apart
from that which may be required under section 4332(2)(C) of title 42.
(c) Prior notice of proposed finding; privileged information
Not later than thirty days prior to formal approval or disapproval
of any Minerals Agreement, the Secretary shall provide written findings
forming the basis of his intent to approve or disapprove such agreement
to the affected Indian tribe. Notwithstanding any other law, such
findings and all projections, studies, data or other information
possessed by the Department of the Interior regarding the terms and
conditions of the Minerals Agreement, the financial return to the Indian
parties thereto, or the extent, nature, value or disposition of the
Indian mineral resources, or the production, products or proceeds
thereof, shall be held by the Department of the Interior as privileged
proprietary information of the affected Indian or Indian tribe.
(d) Delegation; final action; appeal; burden on Secretary
The authority to disapprove agreements under this section may only
be delegated to the Assistant Secretary of the Interior for Indian
Affairs. The decision of the Secretary or, where authority is delegated,
of the Assistant Secretary of the Interior for Indian Affairs, to
disapprove a Minerals Agreement shall be deemed a final agency action.
The district courts of the United States shall have jurisdiction to
review the Secretary's disapproval action and shall determine the matter
de novo. The burden is on the Secretary to sustain his action.
(e) Nonliability of United States; continuing obligations
Where the Secretary has approved a Minerals Agreement in compliance
with the provisions of this chapter and any other applicable provision

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of law, the United States shall not be liable for losses sustained by a
tribe or individual Indian under such agreement: Provided, That the
Secretary shall continue to have a trust obligation to ensure that the
rights of a tribe or individual Indian are protected in the event of a
violation of the terms of any Minerals Agreement by any other party to
such agreement: Provided further, That nothing in this chapter shall
absolve the United States from any responsibility to Indians, including
those which derive from the trust relationship and from any treaties,
Executive orders, or agreement between the United States and any Indian
tribe.
(Pub. L. 97-382, Sec. 4, Dec. 22, 1982, 96 Stat. 1938.)
Section Referred to in Other Sections
This section is referred to in section 2107 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1001]

TITLE 30--MINERAL LANDS AND MINING
CHAPTER 23--GEOTHERMAL STEAM AND ASSOCIATED GEOTHERMAL RESOURCES
Sec. 1001. Definitions
As used in this chapter, the term-(a) ``Secretary'' means the Secretary of the Interior;
(b) ``geothermal lease'' means a lease issued under authority of
this chapter;
(c) ``geothermal steam and associated geothermal resources''
means (i) all products of geothermal processes, embracing indigenous
steam, hot water and hot brines; (ii) steam and other gases, hot
water and hot brines resulting from water, gas, or other fluids
artificially introduced into geothermal formations; (iii) heat or
other associated energy found in geothermal formations; and (iv) any
byproduct derived from them;
(d) ``byproduct'' means any mineral or minerals (exclusive of
oil, hydrocarbon gas, and helium) which are found in solution or in
association with geothermal steam and which have a value of less
than 75 per centum of the value of the geothermal steam or are not,
because of quantity, quality, or technical difficulties in
extraction and production, of sufficient value to warrant extraction
and production by themselves;
(e) ``known geothermal resources area'' means an area in which
the geology, nearby discoveries, competitive interests, or other
indicia would, in the opinion of the Secretary, engender a belief in
men who are experienced in the subject matter that the prospects for
extraction of geothermal steam or associated geothermal resources
are good enough to warrant expenditures of money for that purpose.
(f) ``Significant \1\ thermal features within units of the
National Park System'' shall include, but not be limited to, the
following:
--------------------------------------------------------------------------\1\ So in original. Probably should not be capitalized.
--------------------------------------------------------------------------(1) Thermal features within units of the National Park
System listed in Section \1\ 1026(a)(1) of this title and
designated as significant in the Federal Register notice of
August 3, 1987 (Vol. 52, No. 148 Fed. Reg. 28790).
(2) Crater Lake National Park.
(3) Thermal features within Big Bend National Park and Lake
Mead National Recreation Area proposed as significant in the
Federal Register notice of February 13, 1987 (Vol. 52, No. 30
Fed. Reg. 4700).
(4) Thermal features within units of the National Park
System added to the significant thermal features list pursuant
to section 1026(a)(2) of this title.
(Pub. L. 91-581, Sec. 2, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 100-443,
Sec. 2(a), Sept. 22, 1988, 102 Stat. 1766.)

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Amendments
1988--Par. (f). Pub. L. 100-443 added par. (f).

Short Title of 1988 Amendment
Section 1 of Pub. L. 100-443 provided that: ``This Act [enacting
sections 1026 and 1027 of this title, amending this section and sections
191, 226-3, 1005, 1017, and 1019 of this title, and enacting provisions
set out as notes under sections 1005 and 1026 of this title] may be
known as the `Geothermal Steam Act Amendments of 1988'.''

Short Title
Section 1 of Pub. L. 91-581 provided: ``That this Act [enacting this
chapter and amending section 530 of this title] may be cited as the
`Geothermal Steam Act of 1970'.''
Section Referred to in Other Sections
This section is referred to in sections 1005, 1026 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1002]

TITLE 30--MINERAL LANDS AND MINING
CHAPTER 23--GEOTHERMAL STEAM AND ASSOCIATED GEOTHERMAL RESOURCES
Sec. 1002. Lands subject to geothermal leasing
Subject to the provisions of section 1014 of this title, the
Secretary of the Interior may issue leases for the development and
utilization of geothermal steam and associated geothermal resources (1)
in lands administered by him, including public, withdrawn, and acquired
lands, (2) in any national forest or other lands administered by the
Department of Agriculture through the Forest Service, including public,
withdrawn, and acquired lands, and (3) in lands which have been conveyed
by the United States subject to a reservation to the United States of
the geothermal steam and associated geothermal resources therein.
(Pub. L. 91-581, Sec. 3, Dec. 24, 1970, 84 Stat. 1566.)
Section Referred to in Other Sections
This section is referred to in section 1024 of this title.

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Mineral Leasing Act of 1920
as Amended

ACT OF NOVEMBER 15, 1990 ..................... 140
amending sections 14 and 31 of the Mineral Leasing
Act

See footnote 99 for
amendment.


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File Title30USC396d.max
Authorsouthala
File Modified2007-06-28
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