§2104 Secretary’s review of prior Minerals Agreements

Summary

Within 90 days of December 22, 1982, the Secretary must review any tribal Minerals Agreement (not a lease) that the Secretary approved after January 1, 1975 but before December 22, 1982 to see if its terms meet the chapter’s purposes. The review looks only at the agreement’s terms, not whether the parties complied. The Secretary will tell the tribe and other parties what changes are needed, and they must make those changes within 90 days or they cannot use the chapter as a defense in a challenge. The review can occur before rules under section 2107 are made and is not a “Federal action” under section 4332(2)(C) of title 42.