§2103 Secretary’s determination on Minerals Agreements

Summary

The Secretary must approve or reject any Minerals Agreement either within 180 days after it is sent in or within 60 days after any required compliance with section 4332(2)(C) of title 42 or other federal law, whichever time is later. Any party to the agreement can ask a court to enforce that timing under 28 U.S.C. 1361. Before deciding, the Secretary must decide if the agreement is in the best interest of the tribe or any individual Indian. The Secretary must consider things like the likely economic return, environmental, social, and cultural effects, and how disputes will be handled. The Secretary does not have to do extra studies about those effects except what section 4332(2)(C) of title 42 requires. At least 30 days before formally approving or rejecting the agreement, the Secretary must give the tribe written reasons for the decision. Those reasons and any related reports or data are to be kept as the tribe’s confidential information. Only the Assistant Secretary for Indian Affairs may be given the power to disapprove an agreement on behalf of the Secretary. A disapproval is a final agency action that the U.S. district courts can review anew, and the Secretary must prove the disapproval was correct. If the Secretary approves an agreement following the law, the United States is not liable for losses under the agreement, but the Secretary still has a trust duty to protect tribal or individual rights if another party breaks the agreement, and the United States keeps any other responsibilities that come from treaties, executive orders, or agreements.