[Code of Federal Regulations] [Title 25, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 25CFR225.1] [Page 611-612] TITLE 25--INDIANS CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 225_OIL AND GAS, GEOTHERMAL, AND SOLID MINERALS AGREEMENTS --Table of Contents Subpart A_General Sec. 225.1 Purpose and scope. Subpart A_General Sec. 225.1 Purpose and scope. 225.2 Information collection. 225.3 Definitions. 225.4 Authority and responsibility of the Bureau of Land Management (BLM). 225.5 Authority and responsibility of the Office of Surface Mining Reclamation and Enforcement (OSMRE). 225.6 Authority and responsibility of the Minerals Management Service (MMS). Subpart B_Minerals Agreements 225.20 Authority to contract. 225.21 Negotiation procedures. 225.22 Approval of minerals agreements. 225.23 Economic assessments. 225.24 Environmental studies. 225.25 Resolution of disputes. 225.26 Auditing and accounting. 225.27 Forms and reports. 225.28 Approval of amendments to minerals agreements. 225.29 Corporate qualifications and requests for information. 225.30 Bonds. 225.31 Manner of payments. 225.32 Permission to start operations. 225.33 Assignment of minerals agreements. 225.34 [Reserved] 225.35 Inspection of premises; books and accounts. 225.36 Minerals agreement cancellation; Bureau of Indian Affairs notice of noncompliance. 225.37 Penalties. 225.38 Appeals. 225.39 Fees. 225.40 Government employees cannot acquire minerals agreements. Authority: Indian Mineral Development Act of 1982, 25 U.S.C. 2101- 2108; and 25 U.S.C. 2 and 9. Source: 59 FR 14971, Mar. 30, 1994, unless otherwise noted. (a) The regulations in this part, administered by the Bureau of Indian Affairs under the direction of the Secretary of the Interior, govern minerals agreements for the development of Indian-owned minerals entered into pursuant to the Indian Mineral Development Act of 1982, 25 U.S.C. 2101-2108 [[Page 612]] (IMDA). These regulations are applicable to the lands or interests in lands of any Indian tribe, individual Indian or Alaska native the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States. These regulations are intended to ensure that Indian mineral owners are permitted to enter into minerals agreements that will allow the Indian mineral owners to have more responsibility in overseeing and greater flexibility in disposing of their mineral resources, and to allow development in the manner which the Indian mineral owners believe will maximize their best economic interest and minimize any adverse environmental or cultural impact resulting from such development. Pursuant to section 4 of the IMDA (25 U.S.C. 2103(e)), as part of this greater flexibility, where the Secretary has approved a minerals agreement in compliance with the provisions of 25 U.S.C. chap. 23 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 minerals agreement. However, as further stated in the IMDA, the Secretary continues 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, and to uphold the duties of the United States as derived from the trust relationship and from any treaties, executive orders, or agreements between the United States and any Indian tribe. (b) The regulations in this part shall become effective and in full force on April 29, 1994, and shall be subject to amendment at any time by the Secretary; Provided, that no such regulation that becomes effective after the date of approval of any minerals agreement shall operate to affect the duration of the minerals agreement, the rate of royalty or financial consideration, rental, or acreage unless agreed to by all parties to the minerals agreement. (c) The regulations of the Bureau of Land Management, the Office of Surface Mining Reclamation and Enforcement, and the Minerals Management Service that are referenced in Sec. Sec. 225.4, 225.5, and 225.6 are supplemental to these regulations, and apply to minerals agreements for development of Indian mineral resources unless specifically stated otherwise in this part or in other Federal regulations. To the extent the parties to a minerals agreement are able to provide reasonable provisions satisfactorily addressing the issues of valuation, method of payment, accounting, and auditing, governed by the Minerals Management Service regulations, the Secretary may approve alternate provisions in a minerals agreement. (d) Nothing in these regulations is intended to prevent Indian tribes from exercising their lawful governmental authority to regulate the conduct of persons, businesses, or minerals operations within their territorial jurisdiction.