25 U.S.C. § 2108 — Tribal right to develop mineral resources

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 prior to December 22, 1982, to determine if such agree- ment 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 promulga- tion of regulations required under section 2107 of this title and shall not be considered a Federal action within the meaning of that term in sec- tion 4332(2)(C) of title 42. (Pub. L. 97–382, § 5, Dec. 22, 1982, 96 Stat. 1939.) § 2105. Effect of other provisions 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 au- thorizing the development or disposition of the mineral resources of an Indian or Indian tribe. (Pub. L. 97–382, § 6, Dec. 22, 1982, 96 Stat. 1940.) § 2106. Assistance to tribes or individuals during Minerals Agreement negotiations 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 avail- able 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 as- sistance to the Indian tribe or individual Indian to secure independent assistance. (Pub. L. 97–382, § 7, Dec. 22, 1982, 96 Stat. 1940.) § 2107. Regulations; consultation with Indian or- ganizations; pending agreements Within one hundred and eighty days of Decem- ber 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 na- tional and regional Indian organizations and tribes with expertise in mineral development both in the initial formulation of rules and regu- lations and any future revision or amendment of such rules and regulations. Where there is pend- ing before the Secretary for his approval a Min- erals Agreement of the type authorized by sec- tion 2102 of this title which was submitted prior to December 22, 1982, the Secretary shall evalu- ate and approve or disapprove such agreement based upon section 2103 of this title, but shall not withhold or delay such approval or dis- approval on the grounds that the rules and regu- lations implementing this chapter have not been promulgated. (Pub. L. 97–382, § 8, Dec. 22, 1982, 96 Stat. 1940.) § 2108. Tribal right to develop mineral resources 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, 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 et seq.]. (Pub. L. 97–382, § 9, Dec. 22, 1982, 96 Stat. 1940.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, popularly known as the Indian Reorganization Act, is classified generally to chapter 45 (§ 5101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. CHAPTER 24—INDIAN LAND CONSOLIDATION Sec. 2201. Definitions.