US (United States) Code. Title 25. Chapter 23: Development of tribal mineral resources

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL

RESOURCES 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-MISC1-

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.

-End-

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25 USC Sec. 2101 01/06/03

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TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

Sec. 2101. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-382, Sec. 2, Dec. 22, 1982, 96 Stat. 1938.)

-MISC1-

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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25 USC Sec. 2102 01/06/03

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TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

Sec. 2102. Minerals Agreements

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-382, Sec. 3, Dec. 22, 1982, 96 Stat. 1938.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

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25 USC Sec. 2103 01/06/03

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TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

Sec. 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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

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25 USC Sec. 2104 01/06/03

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TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

Sec. 2104. Secretary's review of prior Minerals Agreements

-STATUTE-

(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.

-SOURCE-

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

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25 USC Sec. 2105 01/06/03

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TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

Sec. 2105. Effect of other provisions

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-382, Sec. 6, Dec. 22, 1982, 96 Stat. 1940.)

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25 USC Sec. 2106 01/06/03

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TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

Sec. 2106. Assistance to tribes or individuals during Minerals

Agreement negotiations

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-382, Sec. 7, Dec. 22, 1982, 96 Stat. 1940.)

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25 USC Sec. 2107 01/06/03

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TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

Sec. 2107. Regulations; consultation with Indian organizations;

pending agreements

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-382, Sec. 8, Dec. 22, 1982, 96 Stat. 1940.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

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25 USC Sec. 2108 01/06/03

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TITLE 25 - INDIANS

CHAPTER 23 - DEVELOPMENT OF TRIBAL MINERAL RESOURCES

-HEAD-

Sec. 2108. Tribal right to develop mineral resources

-STATUTE-

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.].

-SOURCE-

(Pub. L. 97-382, Sec. 9, Dec. 22, 1982, 96 Stat. 1940.)

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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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