§ 2101 TITLE 25—INDIANS Page 596

plete classification of this Act to the Code, see Short

Title note set out under section 1601 of Title 43 and

Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2012 of this title.

CHAPTER 23—DEVELOPMENT OF TRIBAL

MINERAL RESOURCES

Sec.

2101. Definitions.

2102. Minerals Agreements.

(a) Authorization for tribes; approval by

Secretary.

(b) Inclusion of individual holdings; approval by parties and Secretary.

2103. Secretary’s determination on Minerals Agreements.

(a) Time; enforcement.

(b) Factors for consideration; extent of

required study.

(c) Prior notice of proposed finding; privileged information.

(d) Delegation; final action; appeal; burden on Secretary.

(e) Nonliability of United States; continuing obligations.

2104. Secretary’s review of prior Minerals Agreements.

(a) Time; criteria; notice of modifications; time for compliance; effect of

noncompliance.

(b) Review before promulgation of regulations; not Federal action.

2105. Effect of other provisions.

2106. Assistance to tribes or individuals during

Minerals Agreement negotiations.

2107. Regulations; consultation with Indian organizations; pending agreements.

2108. Tribal right to develop mineral resources.

§ 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

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’.’’

§ 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.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2107 of this title.

§ 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