[Congressional Record Volume 143, Number 155 (Friday, November 7, 1997)]
[Senate]
[Page S12061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              FORT BERTHOLD INDIAN RESERVATION ACT OF 1997

  Mr. LOTT. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of Calendar 258, S. 1079.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1079) 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.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Indian Affairs, 
with an amendment to strike all after the enacting clause and inserting 
in lieu thereof the following:

     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 decreased 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).

  Mr. LOTT. I ask unanimous consent the committee substitute be agreed 
to; the bill, as amended, be read three times, passed and the motion to 
reconsider be laid upon the table; and the amendment to the title be 
agreed to; that any statements relating thereto be printed in the 
Record at the appropriate place as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 1079), as amended, was passed.
  The title was amended 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.

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