Title 25, IndiansRelease 119-110

§2104 Secretary’s Review of Prior Minerals Agreements

Title 25 › CHAPTER 23 — DEVELOPMENT OF TRIBAL MINERAL RESOURCES › § 2104

Last updated Sep 22, 2026|Official source

Summary

The Secretary must review, within 90 days after December 22, 1982, any Minerals Agreement (not a lease) that a tribe signed and the Secretary approved between January 1, 1975 and December 22, 1982. The review only looks at the agreement’s written terms, not whether the parties followed them. The Secretary must tell the tribe and other parties what changes are needed to meet the chapter’s purposes. The tribe and parties must make those changes within 90 days after notice. If they do not, they cannot use this chapter’s provisions as a defense in any legal challenge to the agreement. The review may be done before creating the regulations required under section 2107. The review is not a Federal action under 42 U.S.C. 4332(2)(C).

Full Legal Text

Title 25, §2104

Indians, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 2104

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110