§ 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.)