Indian Mineral Development Act of 1982
PL 97-382 (S.1894), enacted 12/22/1982

96 STAT. 1938 
PUBLIC LAW 97-382—DEC. 22, 1982 
Public Law 97-382 
97th Congress 
Dec. 22, 1982 
[S. 1894] 
Indian Mineral 
Development 
Act of 1982. 
25 u s e 2101 
note. 
Definitions. 
25 u s e 2101. 
25 u s e 2102. 
Minerals 
Agreement, 
approval or 
disapproval. 
25 u s e 2103. 
Enforcement. 
An Act 
To permit Indian tribes to enter into certain agreements for the disposition of 
tribal mineral resources, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Indian Mineral Development Act of 1982". 
SEC. 2. For the purposes of this Act, 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 bv the United States; 
(2) "Indian tribe 
means any Indian tribe, band, nation, 
pueblo, community, rancheria, colony, or other group which 
OAvns 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. 
SEC. 3. (a) Any Indian tribe, subject to the approval of the Secre-
tary and any limitation or provision contained in its constitution or 
charter, may enter into any joint venture, operating, production 
sharing, service, managerial, lesise 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 minersd resources. 
(b) Any Indian owning a beneficial or restricted interest in min-
eral 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. 
SEC. 4. (a) 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 102(2XC) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2X0) or any other requirement of 
Federgd law, whichever is later. Any party to such an Eigreement 
may enforce the provisions of this subsection pursuant to section 
1361 of title 28, United States Code. 
(b) In approving or disapproving a Minerals Agreement, the Secre-
tary 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 potentisd economic return to 
the tribe; the potential environmental, social, and cultural effects on 
the tribe; and provisions for resolving disputes that may arise 
PUBLIC LAW 97-382—DEC. 22, 1982 
96 STAT. 1939 
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 Miner-
als Agreement apart from that which may be required under section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2XC)). 
(c) Not later than thirty days prior to formal approval or disap-
proval 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. Notwith-
standing 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 Agree-
ment, 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) 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) Where the Secretary has approved a Minerals Agreement in 
compliance with the provisions of this Act and any other applicable 
provision of law, the United States shall not be liable for losses 
sustained bv a tribe or individual Indian under such agreement: 
Provided, That the Secretary shall continue to have a trust obliga-
tion 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 Act 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 agree-
ment between the United States emd any Indian tribe. 
SEC. 5. (a) the Secretary shall review, within ninety days of 
enactment of this Act, 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 
enactment of this Act, to determine if such agreement complies with 
the purposes of this Act. Such review shall be limited to the terms of 
the agreement and shall not address questions of the parties' compli-
ance 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 Act. 
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 Act may not be 
used as a defense in any proceeding challenging the validity of the 
agreement. 
(b) The review required by subsection (a) of this section may be 
performed prior to the promulgation of regulations required under 
section 8 of this Act and shall not be considered a Federal action 
Delegation of 
authority. 
Liability. 
Review. 
25 use 2104. 
97-200 O-84-pt. 2 
19 : QL3 
96 STAT. 1940 
PUBLIC LAW 97-382—DEC. 22, 1982 
Limitation. 
25 u s e 2105. 
25 u s e 2106. 
Rules and 
regulations. 
25 u s e 2107. 
25 u s e 2108. 
25 u s e 476, 477. 
within the meaning of that term in section 102(2)(C) of the National 
Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)). 
SEC. 6. Nothing in this Act shall affect, nor shall any Minerals 
Agreement approved pursuant to this Act be subject to or limited 
by, the Act of May 11, 1938 (52 Stat. 347; 25 U.S.C. 396a et seq.), as 
amended, or any other law authorizing the development or disposi-
tion of the mineral resources of an Indian or Indian tribe. 
SEC. 7. 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. 
SEC. 8. Within one hundred and eighty days of the date of enact-
ment of this Act, the Secretary of the Interior shall promulgate 
rules and regulations to facilitate implementation of this Act. 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 regula-
tions. Where there is pending before the Secretary for his approval a 
Minerals Agreement of the type authorized by section 3 of this Act 
which was submitted prior to the enactment of this Act, the Secre-
tary shall evaluate and approve or disapprove such agreement based 
upon section 4 of this Act, but shall not withhold or delay such 
approval or disapproval on the grounds that the rules and regula-
tions implementing this Act have not been promulgated. 
SEC. 9. Nothing in this Act 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, to develop their mineral resources as may be 
provided in any constitution or charter adopted by such tribe pursu-
ant to that Act. 
Approved December 22, 1982. 
' • i ' « ! ' • : 
-. 
LEGISLATIVE HISTORY—S. 1894: 
HOUSE REPORT: No. 97-746 (eomm. on Interior and Insular Affairs). 
SENATE REPORT: No. 97-472 (Oomm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
June 30, considered and passed Senate. 
Aug. 17, considered and passed House, amended. 
- , . , - , . . 
Dec. 8, Senate concurred in House amendment with amendments. 
Dec. 10, House concurred in Senate amendments.