§ 2103. — Secretary's determination on Minerals Agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2103]
TITLE 25--INDIANS
CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
Sec. 2103. Secretary's determination on Minerals Agreements
(a) Time; enforcement
The Secretary shall approve or disapprove any Minerals Agreement
submitted to him for approval within (1) one hundred and eighty days
after submission or (2) sixty days after compliance, 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 agreement may enforce the
provisions of this subsection 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 approval or disapproval
of any Minerals Agreement, the Secretary shall provide written findings
forming the basis of his intent to approve or disapprove such agreement
to the affected Indian 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
conditions of the Minerals Agreement, the financial return to the Indian
parties thereto, or the extent, nature, value or disposition of the
Indian mineral resources, or the production, products or proceeds
thereof, shall be held by the Department 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 Assistant Secretary of the Interior for Indian
Affairs. The decision of the Secretary or, where authority 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 Secretary's disapproval action and shall determine the matter
de novo. The burden is on the Secretary to sustain his action.
(e) Nonliability of United States; continuing obligations
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
Secretary 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 Indians, 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, Sec. 4, Dec. 22, 1982, 96 Stat. 1938.)
Section Referred to in Other Sections
This section is referred to in section 2107 of this title.
