Indian Mineral Development Act

§ 2021

TITLE 25—INDIANS

bility of the Secretary designed to carry out,
interpret, or prescribe law or policy in carrying out this Act.
(B) Rule of construction
Nothing in subparagraph (A) or any other
provision of this chapter shall be construed
to prohibit the Secretary from issuing guidance, internal directives, or other documents similar to the documents found in the
Indian Affairs Manual of the Bureau of Indian Affairs.
(17) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(18) Supervisor
The term ‘‘supervisor’’ means the individual
in the position of ultimate authority at a Bureau school.
(19) Tribal governing body
The term ‘‘tribal governing body’’ means,
with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students
served by such school.
(20) Tribe
The term ‘‘tribe’’ means any Indian tribe,
band, nation, or other organized group or community, including an Alaska Native Regional
Corporation or Village Corporation (as defined
in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et
seq.]), which is recognized as eligible for the
special programs and services provided by the
United States to Indians because of their
status as Indians.
(Pub. L. 95–561, title XI, § 1141, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2061.)
REFERENCES IN TEXT
The Tribally Controlled Schools Act of 1988, referred
to in pars. (3)(C) and (6), is part B (§ 5201–5212) of title
V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as
amended, which is classified generally to chapter 27
(§ 2501 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 2501 of this title and Tables.
Section 7801 of title 20, referred to in par. (9), was in
the original ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’, meaning section 8101 of
Pub. L. 89–10, which was translated as if it referred to
section 9101 of that Act to reflect the probable intent
of Congress, because section 8101 was repealed by Pub.
L. 107–110, title X, § 1011(5)(C), Jan. 8, 2002, 115 Stat. 1986,
and section 9101, as added by Pub. L. 107–110, title IX,
§ 901, Jan. 8, 2002, 115 Stat. 1956, defines ‘‘family literacy
services’’.
This Act, referred to in par. (16)(A), means Pub. L.
95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as
the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of
1978 Amendment note set out under section 6301 of Title
20, Education, and Tables.
This chapter, referred to in par. (16)(B), was in the
original ‘‘this title’’, meaning title XI (§ 1101 et seq.) of
Pub. L. 95–561, as amended, which is classified principally to this chapter. For complete classification of
title XI to the Code, see Tables.
The Alaska Native Claims Settlement Act, referred
to in par. (20), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.
688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For com-

Page 686

plete classification of this Act to the Code, see Short
Title note set out under section 1601 of Title 43 and
Tables.
PRIOR PROVISIONS
A prior section 2021, Pub. L. 95–561, title XI, § 1141, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4012, related to proration of pay, prior to the general amendment of this chapter by Pub. L. 107–110. See
section 2012 of this title.
Another prior section 2021, Pub. L. 95–561, title XI,
§ 1140A, formerly § 1141, as added Pub. L. 98–511, title V,
§ 512, Oct. 19, 1984, 98 Stat. 2398; renumbered § 1140A and
amended Pub. L. 99–89, § 9(a)(1), (b), Aug. 15, 1985, 99
Stat. 383, related to proration of pay, prior to the general amendment of this chapter by Pub. L. 103–382.
A prior section 2022, Pub. L. 95–561, title XI, § 1142, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4012, related to extracurricular activities, prior to
the general amendment of this chapter by Pub. L.
107–110. See section 2012 of this title.
Another prior section 2022 and prior sections 2022a
and 2022b were omitted in the general amendment of
this chapter by Pub. L. 103–382.
Section 2022, Pub. L. 95–561, title XI, § 1140B, formerly
§ 1142, as added Pub. L. 98–511, title V, § 512, Oct. 19, 1984,
98 Stat. 2398; renumbered § 1140B, and amended Pub. L.
99–89, § 9(a)(1), (c), Aug. 15, 1985, 99 Stat. 383, related to
extracurricular activities.
Section 2022a, Pub. L. 95–561, title XI, § 1141, as added
Pub. L. 100–297, title V, § 5116(2), Apr. 28, 1988, 102 Stat.
381, related to early childhood development program.
Section 2022b, Pub. L. 95–561, title XI, § 1142, as added
Pub. L. 100–297, title V, § 5119, Apr. 28, 1988, 102 Stat. 383,
related to tribal departments of education.
A prior section 2023, Pub. L. 95–561, title XI, § 1143, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 4012; amended Pub. L. 106–554, § 1(a)(4) [div. B,
title XVI, § 1607(a)], Dec. 21, 2000, 114 Stat. 2763,
2763A–335, related to early childhood development program, prior to the general amendment of this chapter
by Pub. L. 107–110. See section 2019 of this title.
Another prior section 2023, Pub. L. 95–561, title XI,
§ 1143, as added Pub. L. 98–511, title V, § 512, Oct. 19, 1984,
98 Stat. 2398, related to employee housing, rental rates,
and waiver of rentals during non-session periods and
non-pay status, prior to repeal by Pub. L. 99–89, § 9(a)(2),
Aug. 15, 1985, 99 Stat. 383.
Prior sections 2024 to 2026 were omitted in the general
amendment of this chapter by Pub. L. 107–110.
Section 2024, Pub. L. 95–561, title XI, § 1144, as added
Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat.
4013; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7,
1998, 112 Stat. 1828, related to tribal departments of
education. See section 2020 of this title.
Section 2025, Pub. L. 95–561, title XI, § 1145, as added
Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat.
4015, related to payments to grantees.
Section 2026, Pub. L. 95–561, title XI, § 1146, as added
Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat.
4015; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI,
§ 1607(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–335, defined
terms. See section 2021 of this title.

CHAPTER 23—DEVELOPMENT OF TRIBAL
MINERAL RESOURCES
Sec.

2101.
2102.
2103.
2104.
2105.
2106.
2107.
2108.

Definitions.
Minerals Agreements.
Secretary’s determination on Minerals Agreements.
Secretary’s review of prior Minerals Agreements.
Effect of other provisions.
Assistance to tribes or individuals during
Minerals Agreement negotiations.
Regulations; consultation with Indian organizations; pending agreements.
Tribal right to develop mineral resources.

Page 687

TITLE 25—INDIANS

§ 2101. Definitions
For the purposes of this chapter, the term—
(1) ‘‘Indian’’ means any individual Indian or
Alaska Native who owns land or interests in
land the title to which is held in trust by the
United States or is subject to a restriction
against alienation imposed by the United
States;
(2) ‘‘Indian tribe’’ means any Indian tribe,
band, nation, pueblo, community, rancheria,
colony, or other group which owns land or interests in land title to which is held in trust
by the United States or is subject to a restriction against alienation imposed by the United
States; and
(3) ‘‘Secretary’’ means the Secretary of the
Interior.
(Pub. L. 97–382, § 2, Dec. 22, 1982, 96 Stat. 1938.)
SHORT TITLE
Pub. L. 97–382, § 1, Dec. 22, 1982, 96 Stat. 1938, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Indian Mineral Development Act of 1982’.’’

§ 2102. Minerals Agreements
(a) Authorization for tribes; approval by Secretary
Any Indian tribe, subject to the approval of
the Secretary and any limitation or provision
contained in its constitution or charter, may
enter into any joint venture, operating, production sharing, service, managerial, lease or other
agreement, or any amendment, supplement or
other modification of such agreement (hereinafter referred to as a ‘‘Minerals Agreement’’)
providing for the exploration for, or extraction,
processing, or other development of, oil, gas,
uranium, coal, geothermal, or other energy or
nonenergy mineral resources (hereinafter referred to as ‘‘mineral resources’’) in which such
Indian tribe owns a beneficial or restricted interest, or providing for the sale or other disposition of the production or products of such mineral resources.
(b) Inclusion of individual holdings; approval by
parties and Secretary
Any Indian owning a beneficial or restricted
interest in mineral resources may include such
resources in a tribal Minerals Agreement subject to the concurrence of the parties and a finding by the Secretary that such participation is
in the best interest of the Indian.
(Pub. L. 97–382, § 3, Dec. 22, 1982, 96 Stat. 1938.)
§ 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

§ 2103

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
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, § 4, Dec. 22, 1982, 96 Stat. 1938.)

§ 2104
§ 2104. Secretary’s
Agreements

TITLE 25—INDIANS
review

of

prior

Minerals

(a) Time; criteria; notice of modifications; time
for compliance; effect of noncompliance
The Secretary shall review, within ninety
days of December 22, 1982, any existing Minerals
Agreement, which does not purport to be a lease,
entered into by any Indian tribe and approved
by the Secretary after January 1, 1975, but prior
to December 22, 1982, to determine if such agreement complies with the purposes of this chapter.
Such review shall be limited to the terms of the
agreement and shall not address questions of the
parties’ compliance therewith. The Secretary
shall notify the affected tribe and other parties
to the agreement of any modifications necessary
to bring an agreement into compliance with the
purposes of this chapter. The tribe and other
parties to such agreement shall within ninety
days after notice make such modifications. If
such modifications are not made within ninety
days, the provisions of this chapter may not be
used as a defense in any proceeding challenging
the validity of the agreement.
(b) Review before promulgation of regulations;
not Federal action
The review required by subsection (a) of this
section may be performed prior to the promulgation of regulations required under section 2107 of
this title and shall not be considered a Federal
action within the meaning of that term in section 4332(2)(C) of title 42.

tribes with expertise in mineral development
both in the initial formulation of rules and regulations and any future revision or amendment of
such rules and regulations. Where there is pending before the Secretary for his approval a Minerals Agreement of the type authorized by section 2102 of this title which was submitted prior
to December 22, 1982, the Secretary shall evaluate and approve or disapprove such agreement
based upon section 2103 of this title, but shall
not withhold or delay such approval or disapproval on the grounds that the rules and regulations implementing this chapter have not been
promulgated.
(Pub. L. 97–382, § 8, Dec. 22, 1982, 96 Stat. 1940.)
§ 2108. Tribal right to develop mineral resources
Nothing in this chapter shall impair any right
of an Indian tribe organized under section 16 or
17 of the Act of June 18, 1934 (48 Stat. 987), as
amended [25 U.S.C. 476, 477], to develop their
mineral resources as may be provided in any
constitution or charter adopted by such tribe
pursuant to that Act [25 U.S.C. 461 et seq.].
(Pub. L. 97–382, § 9, Dec. 22, 1982, 96 Stat. 1940.)
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, popularly
known as the Indian Reorganization Act, is classified
generally to subchapter V (§ 461 et seq.) of chapter 14 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 461 of
this title and Tables.

(Pub. L. 97–382, § 5, Dec. 22, 1982, 96 Stat. 1939.)

CHAPTER 24—INDIAN LAND
CONSOLIDATION

§ 2105. Effect of other provisions
Nothing in this chapter shall affect, nor shall
any Minerals Agreement approved pursuant to
this chapter be subject to or limited by, sections
396a to 396g of this title, or any other law authorizing the development or disposition of the
mineral resources of an Indian or Indian tribe.

Sec.

2201.
2202.
2203.
2204.

(Pub. L. 97–382, § 6, Dec. 22, 1982, 96 Stat. 1940.)

2205.

§ 2106. Assistance to tribes or individuals during
Minerals Agreement negotiations

2206.
2207.

In carrying out the obligations of the United
States, the Secretary shall ensure that upon the
request of an Indian tribe or individual Indian
and to the extent of his available resources,
such tribe or individual Indian shall have available advice, assistance, and information during
the negotiation of a Minerals Agreement. The
Secretary may fulfill this responsibility either
directly through the use of Federal officials and
resources or indirectly by providing financial assistance to the Indian tribe or individual Indian
to secure independent assistance.
(Pub. L. 97–382, § 7, Dec. 22, 1982, 96 Stat. 1940.)
§ 2107. Regulations; consultation with Indian organizations; pending agreements
Within one hundred and eighty days of December 22, 1982, the Secretary of the Interior shall
promulgate rules and regulations to facilitate
implementation of this chapter. The Secretary
shall, to the extent practicable, consult with national and regional Indian organizations and

Page 688

2208.

2209.
2210.
2211.

2212.
2213.
2214.
2215.
2216.
2217.
2218.
2219.
2220.
2221.

Definitions.
Other applicable provisions.
Adoption of land consolidation plan with approval of Secretary.
Purchase of trust or restricted or controlled
lands at no less than fair market value; requisite conditions.
Tribal probate codes; acquisitions of fractional interests by tribes.
Descent and distribution.
Full faith and credit to tribal actions under
tribal ordinances limiting descent and distribution of trust or restricted or controlled
lands.
Conveyancing authority upon sale or exchange of tribal lands; removal of trust
status of individually owned lands.
Trusteeship title of United States for any Indian or Indian tribe.
Tax exemption.
Governing body of tribe; construction of
chapter as not vesting with authority not
authorized by tribal constitution or bylaws.
Fractional interest acquisition program.
Administration of acquired fractional interests; disposition of proceeds.
Establishing fair market value.
Acquisition Fund.
Trust and restricted land transactions.
Reports to Congress.
Approval of leases, rights-of-way, and sales of
natural resources.
Application to Alaska.
Owner-managed interests.
Annual notice and filing; current whereabouts of interest owners.