25 U.s.c. 2103

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[CITE: 25USC2101]

TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 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, Sec. 2, Dec. 22, 1982, 96 Stat. 1938.)

Short Title
Section 1 of Pub. L. 97-382 provided: ``That this Act [enacting this
chapter] may be cited as the `Indian Mineral Development Act of 1982'.''

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[CITE: 25USC2102]

TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 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, Sec. 3, 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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-CITE25 USC Sec. 2103

01/22/02

-EXPCITETITLE 25 - INDIANS
CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES
-HEADSec. 2103. Secretary's determination on Minerals Agreements
-STATUTE(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 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.
-SOURCE(Pub. L. 97-382, Sec. 4, Dec. 22, 1982, 96 Stat. 1938.)
-SECREFSECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2107 of this title.

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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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[CITE: 25USC2104]

TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 2104. Secretary's review of prior Minerals Agreements

(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.
(Pub. L. 97-382, Sec. 5, Dec. 22, 1982, 96 Stat. 1939.)

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[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 25USC2105]

TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 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.
(Pub. L. 97-382, Sec. 6, Dec. 22, 1982, 96 Stat. 1940.)

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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: 25USC2106]

TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 2106. Assistance to tribes or individuals during Minerals
Agreement negotiations
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, Sec. 7, Dec. 22, 1982, 96 Stat. 1940.)

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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: 25USC2107]

TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 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 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, Sec. 8, Dec. 22, 1982, 96 Stat. 1940.)
Section Referred to in Other Sections
This section is referred to in section 2104 of this title.

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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: 25USC2108]

TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 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, Sec. 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
(Sec. 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.

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