§2104 Secretary’s Review of Prior Minerals Agreements

Summary

Within 90 days of December 22, 1982, the Secretary must review any Minerals Agreement (not a lease) that an Indian tribe made and the Secretary approved after January 1, 1975 but before December 22, 1982. The review looks only at the agreement’s terms, not whether the parties followed it. The Secretary will tell the tribe and other parties what changes are needed. They must make those changes within 90 days after notice or they cannot use this chapter as a defense in any challenge to the agreement. The review can happen before the rules required under section 2107 are made and is not a Federal action under section 4332(2)(C) of title 42.