Page 597 TITLE 25—INDIANS § 2108

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.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 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, §5, Dec. 22, 1982, 96 Stat. 1939.)

§ 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, §6, Dec. 22, 1982, 96 Stat. 1940.)

§ 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, §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

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.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2104 of this title.

§ 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