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25 U.S.C. § 2108 — Tribal right to develop mineral resources
Federal law — U.S. Code and appendices · legal_authorities
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. 5123](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), 5124], 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. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.].
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Source file: Laws/federal/codes/united-states-code/title-25/section-2108-tribal-right-to-develop-mineral-resources--9ea9f2c50e.md
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Source location: Title 25, Chapter 23, § 2108; chapter-023-development-of-tribal-mineral-resources.md
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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. 5123](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5123&num=0&edition=prelim), 5124], 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. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5101&num=0&edition=prelim) et seq.].
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Federal law — U.S. Code and appendices · legal_authorities
On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adoption; effective date** Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when—
(1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and
(2) approved by the Secretary pursuant to subsection (d) of this section.
**(b) Revocation** Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) of this section for the adoption of a constitution or bylaws.
**(c) Election procedure; technical assistance; review of proposals; notification of contrary-to-applicable law findings**
(1) The Secretary shall call and hold an election as required by subsection (a) of this section—
(A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or
(B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws.
(2) During the time periods established by paragraph (1), the Secretary shall—
(A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and
(B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws.
(3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5123
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Federal law — U.S. Code and appendices · legal_authorities
Page 435
TITLE 25—INDIANS
§ 2108
ant Secretary of the Interior for Indian Affairs.
The decision of the Secretary or, where author-
ity 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 Sec-
retary’s disapproval action and shall determine
the matter de novo. The burden is on the Sec-
retary to sustain his action.
(e) Nonliability of United States; continuing obli-
gations
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 Sec-
retary 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 Indi-
ans, 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.)
§ 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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2108
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 691
TITLE 25—INDIANS
§ 5103
Sec.
5116.
Standards for Indians appointed to In-
dian Office.
5117.
Indian preference laws applicable to Bu-
reau of Indian Affairs and Indian
Health Service positions.
5118.
Application generally.
5119.
Application to Alaska.
5120.
Continuation of allowances.
5121.
Claims or suits of Indian tribes against
United States; rights unimpaired.
5122.
Offsets of gratuities.
5123.
Organization of Indian tribes; constitu-
tion and bylaws and amendment there-
of; special election.
5124.
Incorporation of Indian tribes; charter;
ratification by election.
5125.
Acceptance optional.
5126.
Mandatory application of sections 5102
and 5124.
5127.
Procedure.
5128.
Application of laws and treaties.
5129.
Definitions.
5130.
Definitions.
5131.
Publication of list of recognized tribes.
5132.
Indians eligible for loans.
5133.
Revolving fund; loans; regulations.
5134.
Sale of land by individual Indian owners.
5135.
Mortgages and deeds of trust by indi-
vidual Indian owners; removal from
trust or restricted status; application
to Secretary.
5136.
Loans to purchasers of highly fractioned
land.
5137.
Removal of duplicative appraisals.
5138.
Title in trust to United States.
5139.
Tribal rights and privileges in connec-
tion with loans.
5140.
Mortgaged property governed by State
law.
5141.
Interest rates and taxes.
5142.
Reduction of unpaid principal.
5143.
Authorization of appropriations.
5144.
Certification of rental proceeds.
§ 5101. Allotment of land on Indian reservations
On and after June 18, 1934, no land of any In-
dian reservation, created or set apart by treaty
or agreement with the Indians, Act of Congress,
Executive order, purchase, or otherwise, shall be
allotted in severalty to any
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
Page 699
TITLE 25—INDIANS
§ 5123
relief from distress caused by unemployment
and conditions resulting therefrom, the prosecu-
tion of public works and public projects for the
relief of unemployment or to increase employ-
ment, and for work relief (including the civil-
works program) shall be considered in connec-
tion with the operation of this section.
(Aug. 12, 1935, ch. 508, § 2, 49 Stat. 596; Pub. L.
97–164, title I, § 160(a)(8), Apr. 2, 1982, 96 Stat. 48;
Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992,
106 Stat. 4516.)
Editorial Notes
REFERENCES IN TEXT
Act of June 18, 1934, referred to in text, is act June
18, 1934, ch. 576, 48 Stat. 984, popularly known as the In-
dian Reorganization Act, which is classified generally
to this chapter. For complete classification of this Act
to the Code, see Short Title note set out under section
5101 of this title and Tables.
CODIFICATION
Section was formerly classified to section 475a of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1992—Pub. L. 102–572 substituted ‘‘United States
Court of Federal Claims’’ for ‘‘United States Claims
Court’’ wherever appearing.
1982—Pub. L. 97–164 substituted ‘‘United States
Claims Court’’ for ‘‘Court of Claims’’ wherever appear-
ing.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note
under section 171 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of Title 28, Judiciary and Judicial Proce-
dure.
§ 5123. Organization of Indian tribe
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5123
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