legislation: 97-s-1894
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| 97-s-1894 | 97 | s | 1894 | Indian Mineral Development Act of 1982 | Native Americans | 1981-11-30 | 1982-12-22 | Became Public Law No: 97-382. | Senate | Sen. Melcher, John [D-MT] | MT | D | M000635 | 3 | (Senate agreed to House amendment with an amendment) Indian Mineral Development Act of 1982 - Allows Indian tribes to enter into agreements (Minerals Agreements) for the development of their energy and non-energy mineral resources. Subjects such agreements to the approval of the Secretary of the Interior and any provision in the tribes' constitution or charter. Permits individual Indians to include their mineral resources in a tribal Minerals Agreement with the concurrence of the other parties and a finding by the Secretary that such participation is in the best interest of the Indian. Requires the Secretary to approve or disapprove a Minerals Agreement within 180 days of submission or, if an environmental impact statement is required, 60 days after compliance, whichever is later. Sets forth procedures for notifying the affected Indian tribe of the Secretary's decision. Sets forth criteria the Secretary shall use in evaluating Minerals Agreements. Provides that the Secretary's authority to disapprove Minerals Agreements may only be delegated to the Assistant Secretary of the Interior for Indian Affairs. Grants parties to Minerals Agreements standing to bring a cause of action in Federal district court to review a disapproval action. Directs the court to determine the matter de novo and places the burden on the Secretary to sustain the disapproval action. Declares that, where the Secretary has approved a Minerals Agreement in compliance with applicable law, the United States shall not be liable for losses sustained by a tribe or individual Indian under such agreement. Provides that the Secretary shall continue to have a trust obligation to ensure that the rights of a tribe or an individual Indian are protected if there is a violation of the term of any Minerals Agreement by any other party to such agreement. Provides that nothing in this Act shall absolve the United States from any responsibility to Indians. Sets forth the procedure for reviewing Minerals Agreements which were approved after January 1, 1975, but prior to enactment of this Act. Directs the Secretary to ensure that tribes and individual Indians are provided, to the extent of available resources, necessary advice and assistance in the negotiation of a Minerals Agreement. Directs the Secretary, to: (1) promulgate rules and regulations to facilitate implementation of this Act, within 180 days of enactment; and (2) consult, to the extent practicable, with national and regional Indian organizations and tribes with mineral development expertise to formulate, revise, or amend such rules and regulations. | 2025-06-20T19:33:16Z |