25 USC 2103(c): Indian Mineral Development Agreement with Black Rock, JT Energy and Dakota 3 and Leases signed under the Act

          
Sec. 2103. Secretary's determination on Minerals Agreements
(a) Time; enforcement

    The Secretary shall approve or disapprove any Minerals Agreement 
submitted to him for ap
proval within (1) one hundred and eighty days after submission or (2) 
sixty days after compliance, if required, with section 4332(2)(C) of 
title 42 or any other requirement of Federal law, whichever is later. 
Any party to such an agreement may enforce the provisions of this 
subsection pursuant to section 1361 of title 28.

(b) Factors for consideration; extent of required study

    In approving or disapproving a Minerals Agreement, the Secretary 
shall determine if it is in the best interest of the Indian tribe or of 
any individual Indian who may be party to such agreement and shall 
consider, among other things, the potential economic return to the 
tribe; the potential environmental, social, and cultural effects on the 
tribe; and provisions for resolving disputes that may arise between the 
parties to the agreement: Provided, That the Secretary shall not be 
required to prepare any study regarding environmental, socioeconomic, or 
cultural effects of the implementation of a Minerals Agreement apart 
from that which may be required under section 4332(2)(C) of title 42.

        

            
 
          

(c) Prior notice of proposed finding; privileged information

    Not later than thirty days prior to formal approval or disapproval 
of any Minerals Agreement, the Secretary shall provide written findings 
forming the basis of his intent to approve or disapprove such agreement 
to the affected Indian tribe. Notwithstanding any other law, such 
findings and all projections, studies, data or other information 
possessed by the Department of the Interior regarding the terms and 
conditions of the Minerals Agreement, the financial return to the Indian 
parties thereto, or the extent, nature, value or disposition of the 
Indian mineral resources, or the production, products or proceeds 
thereof, shall be held by the Department of the Interior as privileged 
proprietary information of the affected Indian or Indian tribe.

(d) Delegation; final action; appeal; burden on Secretary

    The authority to disapprove agreements under this section may only 
be delegated to the Assistant Secretary of the Interior for Indian 
Affairs. The decision of the Secretary or, where authority is delegated, 
of the Assistant Secretary of the Interior for Indian Affairs, to 
disapprove a Minerals Agreement shall be deemed a final agency action. 
The district courts of the United States shall have jurisdiction to 
review the Secretary's disapproval action and shall determine the matter 
de novo. The burden is on the Secretary to sustain his action.

(e) Nonliability of United States; continuing obligations

    Where the Secretary has approved a Minerals Agreement in compliance 
with the provisions of this chapter and any other applicable provision 
of law, the United States shall not be liable for losses sustained by a 
tribe or individual Indian under such agreement: Provided, That the 
Secretary shall continue to have a trust obligation to ensure that the 
rights of a tribe or individual Indian are protected in the event of a 
violation of the terms of any Minerals Agreement by any other party to 
such agreement: Provided further, That nothing in this chapter shall 
absolve the United States from any responsibility to Indians, including 
those which derive from the trust relationship and from any treaties, 
Executive orders, or agreement between the United States and any Indian 
tribe.

(Pub. L. 97-382, Sec. 4, Dec. 22, 1982, 96 Stat. 1938.)