Page:United States Statutes at Large Volume 96 Part 2.djvu/578

 96 STAT. 1940

Limitation. 25 USC 2105.

25 USC 2106.

Rules and regulations. 25 USC 2107.

25 USC 2108. 25 USC 476, 477.

PUBLIC LAW 97-382—DEC. 22, 1982

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)). SEC. 6. Nothing in this Act shall affect, nor shall any Minerals Agreement approved pursuant to this Act be subject to or limited by, the Act of May 11, 1938 (52 Stat. 347; 25 U.S.C. 396a et seq.), as amended, or any other law authorizing the development or disposition of the mineral resources of an Indian or Indian tribe. SEC. 7. In carrying out the obligations of the United States, the Secretary shall ensure that upon the request of an Indian tribe or individual Indian and to the extent of his available resources, such tribe or individual Indian shall have available advice, assistance, and information during the negotiation of a Minerals Agreement. The Secretary may fulfill this responsibility either directly through the use of Federal officials and resources or indirectly by providing financial assistance to the Indian tribe or individual Indian to secure independent assistance. SEC. 8. Within one hundred and eighty days of the date of enactment of this Act, the Secretary of the Interior shall promulgate rules and regulations to facilitate implementation of this Act. The Secretary shall, to the extent practicable, consult with national and regional Indian organizations and tribes with expertise in mineral development both in the initial formulation of rules and regulations and any future revision or amendment of such rules and regulations. Where there is pending before the Secretary for his approval a Minerals Agreement of the type authorized by section 3 of this Act which was submitted prior to the enactment of this Act, the Secretary shall evaluate and approve or disapprove such agreement based upon section 4 of this Act, but shall not withhold or delay such approval or disapproval on the grounds that the rules and regulations implementing this Act have not been promulgated. SEC. 9. Nothing in this Act shall impair any right of an Indian tribe organized under section 16 or 17 of the Act of June 18, 1934 (48 Stat. 987), as amended, to develop their mineral resources as may be provided in any constitution or charter adopted by such tribe pursuant to that Act. Approved December 22, 1982. ' • i '«!'•:

LEGISLATIVE HISTORY—S. 1894: HOUSE REPORT: No. 97-746 (Comm. on Interior and Insular Affairs). SENATE REPORT: No. 97-472 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): June 30, considered and passed Senate. Aug. 17, considered and passed House, amended. -,.,-,.. Dec. 8, Senate concurred in House amendment with amendments. Dec. 10, House concurred in Senate amendments.

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