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






                                                       Calendar No. 258
105th CONGRESS
  1st Session
                                S. 1079

                          [Report No. 105-139]

   To permit the leasing of mineral rights, in any case in which the 
Indian owners of an allotment that is located within the boundaries of 
 the Fort Berthold Indian Reservation and held in trust by the United 
  States have executed leases to more than 50 percent of the mineral 
                       estate of that allotment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 1997

Mr. Dorgan (for himself and Mr. Conrad) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                            November 5, 1997

  Reported by Mr. Campbell, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To permit the leasing of mineral rights, in any case in which the 
Indian owners of an allotment that is located within the boundaries of 
 the Fort Berthold Indian Reservation and held in trust by the United 
  States have executed leases to more than 50 percent of the mineral 
                       estate of that allotment.

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

<DELETED>SECTION 1. LEASES OF ALLOTTED LANDS OF THE FORT BERTHOLD 
              INDIAN RESERVATION.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Approval by secretary of the interior.--
        </DELETED>
                <DELETED>    (A) In general.--Notwithstanding any other 
                provision of law (including the Act of March 3, 1909 
                (35 Stat. 783, chapter 263; 25 U.S.C. 396) and the 
                regulations issued under that Act), the Secretary of 
                the Interior or a designee of the Secretary may approve 
                mineral leases of an allotment described in paragraph 
                (2) in any case in which the Indian owners of that 
                allotment have executed leases to more than 50 percent 
                of the mineral estate of that allotment.</DELETED>
                <DELETED>    (B) Benefits of leases.--At such time as 
                mineral leases on an allotment have been approved for 
                all Indian ownership interests pursuant to this 
                section, all Indian owners of the allotment shall be 
                entitled to the benefits of the leases.</DELETED>
        <DELETED>    (2) Allotment.--An allotment described in this 
        paragraph is an allotment that--</DELETED>
                <DELETED>    (A) is located in the Fort Berthold Indian 
                Reservation, North Dakota; and</DELETED>
                <DELETED>    (B) is held in trust by the United 
                States.</DELETED>
<DELETED>    (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).</DELETED>

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).
            Amend the title so as to read: ``A bill 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.''.
                                     

                                                       Calendar No. 258

105th CONGRESS

  1st Session

                                S. 1079

                          [Report No. 105-139]

_______________________________________________________________________

                                 A BILL

   To permit the leasing of mineral rights, in any case in which the 
Indian owners of an allotment that is located within the boundaries of 
 the Fort Berthold Indian Reservation and held in trust by the United 
  States have executed leases to more than 50 percent of the mineral 
                       estate of that allotment.

_______________________________________________________________________

                            November 5, 1997

        Reported with an amendment and an amendment to the title