[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1079 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                S. 1079

_______________________________________________________________________

                                 AN ACT


 
 To permit the mineral leasing of Indian land located within the Fort 
Berthold Indian Reservation in any case in which there is consent from 
   a majority interest in the parcel of land under consideration for 
                                 lease.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LEASES OF ALLOTTED LANDS OF THE FORT BERTHOLD INDIAN 
              RESERVATION.

    (a) In General.--
            (1) Definitions.--In this section:
                    (A) Indian land.--The term ``Indian land'' means an 
                undivided interest in a single parcel of land that--
                            (i) is located within the Fort Berthold 
                        Indian Reservation in North Dakota; and
                            (ii) is held in trust or restricted status 
                        by the United States.
                    (B) Individually owned indian land.--The term 
                ``individually owned Indian land'' means Indian land 
                that is owned by 1 or more individuals.
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
            (2) Effect of approval by secretary of the interior.--
                    (A) In general.--The Secretary may approve any 
                mineral lease or agreement that affects individually 
                owned Indian land, if--
                            (i) the owners of a majority of the 
                        undivided interest in the Indian land that is 
                        the subject of the mineral lease or agreement 
                        (including any interest covered by a lease or 
                        agreement executed by the Secretary under 
                        paragraph (3)) consent to the lease or 
                        agreement; and
                            (ii) the Secretary determines that 
                        approving the lease or agreement is in the best 
                        interest of the Indian owners of the Indian 
                        land.
                    (B) Effect of approval.--Upon the approval by the 
                Secretary under subparagraph (A), the lease or 
                agreement shall be binding, to the same extent as if 
                all of the Indian owners of the Indian land involved 
                had consented to the lease or agreement, upon--
                            (i) all owners of the undivided interest in 
                        the Indian land subject to the lease or 
                        agreement (including any interest owned by an 
                        Indian tribe); and
                            (ii) all other parties to the lease or 
                        agreement.
                    (C) Distribution of proceeds.--The proceeds derived 
                from a lease or agreement that is approved by the 
                Secretary under subparagraph (A) shall be distributed 
                to all owners of the Indian land that is subject to the 
                lease or agreement in accordance with the interest 
                owned by each such owner.
            (3) Execution of lease or agreement by secretary.--The 
        Secretary may execute a mineral lease or agreement that affects 
        individually owned Indian land on behalf of an Indian owner 
        if--
                    (A) that owner is deceased and the heirs to, or 
                devisees of, the interest of the deceased owner have 
                not been determined; or
                    (B) the heirs or devisees referred to in 
                subparagraph (A) have been determined, but 1 or more of 
                the heirs or devisees cannot be located.
            (4) Public auction or advertised sale not required.--It 
        shall not be a requirement for the approval or execution of a 
        lease or agreement under this subsection that the lease or 
        agreement be offered for sale through a public auction or 
        advertised sale.
    (b) Rule of Construction.--This Act supersedes the Act of March 3, 
1909 (35 Stat. 783, chapter 263; 25 U.S.C. 396) only to the extent 
provided in subsection (a).

            Passed the Senate November 7, 1997.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                                S. 1079

_______________________________________________________________________

                                 AN ACT

 To permit the mineral leasing of Indian land located within the Fort 
Berthold Indian Reservation in any case in which there is consent from 
   a majority interest in the parcel of land under consideration for 
                                 lease.