Title 25 — Indians
Chapter 23 — Development of Tribal Mineral Resources
§ 2104. Secretary’s review of prior Minerals Agreements
Statutory text
Time; criteria; notice of modifications; time for compliance; effect of noncompliance
The Secretary shall review, within ninety days of , any existing Minerals Agreement, which does not purport to be a lease, entered into by any Indian tribe and approved by the Secretary after , but prior to , 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.
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 and shall not be considered a Federal action within the meaning of that term in section 4332(2)(C) of title 42.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Indian Mineral Development Act of 1982
Pub. L. 97–382 § 5 · 96 Stat. 1938
Enacted · 25 U.S.C. § 2104
(Pub. L. 97–382, § 5, Dec. 22, 1982, 96 Stat. 1939.)
Source evidence
Code source credit
(Pub. L. 97–382, § 5, Dec. 22, 1982, 96 Stat. 1939.)Enacted provision · exact public law section
Sec. 5. (a) the Secretary shall review, within ninety days of Review. 25 USC 2104. enactment of this Act, 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 enactment of this Act, to determine if such agreement complies with the purposes of this Act. 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 Act. 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 Act may not be used as a defense in any proceeding challenging the validity of the agreement. (b) The review required by subsection (a) of this section may be performed prior to the promulgation of regulations required under section 8 of this Act and shall not be considered a Federal action within the meaning of that term in section 102(2)(C) of the National Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)).
1 of 1 references resolved to an enrolled provision