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25 U.S.C. § 2102 — Minerals Agreements
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source location: Title 25, Chapter 23, § 2102; chapter-023-development-of-tribal-mineral-resources.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2102&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2103&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 434
TITLE 25—INDIANS
§ 2101
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of Title
20, Education.
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive pro-
grams, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.
CHAPTER 23—DEVELOPMENT OF TRIBAL
MINERAL RESOURCES
Sec.
2101.
Definitions.
2102.
Minerals Agreements.
2103.
Secretary’s determination on Minerals Agree-
ments.
2104.
Secretary’s review of prior Minerals Agree-
ments.
2105.
Effect of other provisions.
2106.
Assistance to tribes or individuals during
Minerals Agreement negotiations.
2107.
Regulations; consultation with Indian organi-
zations; 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 in-
terests in land title to which is held in trust
by the United States or is subject to a restric-
tion 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.)
Statutory Notes and Related Subsidiari
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