25 U.S.C. § 2101 — Definitions

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 Subsidiaries SHORT TITLE Pub. L. 97–382, § 1, Dec. 22, 1982, 96 Stat. 1938, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Indian Mineral Development Act of 1982’.’’ § 2102. Minerals Agreements (a) Authorization for tribes; approval by Sec- retary 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, produc- tion sharing, service, managerial, lease or other agreement, or any amendment, supplement or other modification of such agreement (herein- after 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 re- ferred to as ‘‘mineral resources’’) in which such Indian tribe owns a beneficial or restricted in- terest, or providing for the sale or other disposi- tion of the production or products of such min- eral 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 sub- ject to the concurrence of the parties and a find- ing by the Secretary that such participation is in the best interest of the Indian. (Pub. L. 97–382, § 3, Dec. 22, 1982, 96 Stat. 1938.) § 2103. Secretary’s determination on Minerals Agreements (a) Time; enforcement The Secretary shall approve or disapprove any Minerals Agreement submitted to him for ap- proval within (1) one hundred and eighty days after submission or (2) sixty days after compli- ance, 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 agree- ment may enforce the provisions of this sub- section 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 ap- proval or disapproval of any Minerals Agree- ment, the Secretary shall provide written find- ings forming the basis of his intent to approve or disapprove such agreement to the affected In- dian 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 condi- tions of the Minerals Agreement, the financial return to the Indian parties thereto, or the ex- tent, nature, value or disposition of the Indian mineral resources, or the production, products or proceeds thereof, shall be held by the Depart- ment 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 Assist-