Page:United States Statutes at Large Volume 96 Part 2.djvu/576

 96 STAT. 1938

PUBLIC LAW 97-382—DEC. 22, 1982

Public Law 97-382 97th Congress An Act Dec. 22, 1982 [S. 1894] Indian Mineral Development Act of 1982. 25 USC 2101 note. Definitions. 25 USC 2101.

25 USC 2102.

Minerals Agreement, approval or disapproval. 25 USC 2103. Enforcement.

To permit Indian tribes to enter into certain agreements for the disposition of tribal mineral resources, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Indian Mineral Development Act of 1982". SEC. 2. For the purposes of this Act, 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 OAvns land or interests in land title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; and (3) "Secretary" means the Secretary of the Interior. SEC. 3. (a) 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, production sharing, service, managerial, lesise or other agreement, or any amendment, supplement or other modification of such agreement (hereinafter 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 referred to as "mineral resources') in which such Indian tribe owns a beneficial or restricted interest, or providing for the sale or other disposition of the production or products of such mineral resources. (b) Any Indian owning a beneficial or restricted interest in mineral resources may include such resources in a tribal Minerals Agreement subject to the concurrence of the parties and a finding by the Secretary that such participation is in the best interest of the Indian. SEC. 4. (a) 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 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(0) or any other requirement of Federgd law, whichever is later. Any party to such an Eigreement may enforce the provisions of this subsection pursuant to section 1361 of title 28, United States Code. (b) 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 potentisd economic return to the tribe; the potential environmental, social, and cultural effects on the tribe; and provisions for resolving disputes that may arise

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