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25 U.S.C. § 2104 — Secretary’s review of prior Minerals Agreements
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2107&num=0&edition=prelim) and shall not be considered a Federal action within the meaning of that term in [section 4332(2)(C) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-25/section-2104-secretarys-review-of-prior-minerals-agreements--63aa052e8a.md
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Source location: Title 25, Chapter 23, § 2104; chapter-023-development-of-tribal-mineral-resources.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2107&num=0&edition=prelim) and shall not be considered a Federal action within the meaning of that term in [section 4332(2)(C) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim).
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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 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. § 2104
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