US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 2104. —  Secretary's review of prior 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: 25USC2104]

 
                            TITLE 25--INDIANS
 
           CHAPTER 23--DEVELOPMENT OF TRIBAL MINERAL RESOURCES
 
Sec. 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 
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 and shall not be considered a Federal action 
within the meaning of that term in section 4332(2)(C) of title 42.

(Pub. L. 97-382, Sec. 5, Dec. 22, 1982, 96 Stat. 1939.)



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com