[Congressional Record Volume 143, Number 159 (Wednesday, November 12, 1997)]
[House]
[Pages H10643-H10646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PERMITTING MINERAL LEASING OF INDIAN LAND LOCATED WITHIN FORT BERTHOLD
INDIAN RESERVATION
Mrs. CHENOWETH. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1079) 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, as amended.
The Clerk read as follows:
S. 1079
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).
SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL
FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP
PROPOSAL.
(a) Definition.--For purposes of this section, the term
``Quincy Library Group-Community Stability Proposal'' means
the agreement by a coalition of representatives of fisheries,
timber, environmental, county government, citizen groups, and
local communities that formed in northern California to
develop a resource management program that promotes ecologic
and economic health for certain Federal lands and communities
in the Sierra Nevada area. Such proposal includes the map
entitled ``QUINCY LIBRARY GROUP Community Stability
Proposal'', dated October 12, 1993, and prepared by VESTRA
Resources of Redding, California.
(b) Pilot Project Required.--
(1) Pilot project and purpose.--The Secretary of
Agriculture (in this section referred to as the
``Secretary''), acting through the Forest Service and after
completion of an environmental impact statement (a record of
decision for which shall be adopted within 300 days), shall
conduct a pilot project on the Federal lands described in
paragraph (2) to implement and demonstrate the effectiveness
of the resource management activities described in subsection
(d) and the other requirements of this section, as
recommended in the Quincy Library Group-Community Stability
Proposal.
(2) Pilot project area.--The Secretary shall conduct the
pilot project on the Federal lands within Plumas National
Forest, Lassen National Forest, and the Sierraville Ranger
District of Tahoe National Forest in the State of California
designated as ``Available for Group Selection'' on the map
entitled ``QUINCY LIBRARY GROUP Community Stability
Proposal'', dated October 12, 1993 (in this section referred
to as the ``pilot project area''). Such map shall be on file
and available for inspection in the appropriate offices of
the Forest Service.
(c) Exclusion of Certain Lands, Riparian Protection and
Compliance.--
(1) Exclusion.--All spotted owl habitat areas and protected
activity centers located within the pilot project area
designated under subsection (b)(2) will be deferred from
resource management activities required under subsection (d)
and timber harvesting during the term of the pilot project.
(2) Riparian protection.--
(A) In general.--The Scientific Analysis Team guidelines
for riparian system protection described in subparagraph (B)
shall apply to all resource management activities conducted
under subsection (d) and all timber harvesting activities
that occur in the pilot project area during the term of the
pilot project.
(B) Guidelines described.--The guidelines referred to in
subparagraph (A) are those in the document entitled
``Viability Assessments and Management Considerations for
Species Associated with Late-Successional and Old-Growth
Forests of the Pacific Northwest'', a Forest Service research
document dated March 1993 and co-authored by the Scientific
Analysis Team, including Dr. Jack Ward Thomas.
(C) Limitation.--Nothing in this section shall be construed
to require the application of the Scientific Analysis Team
guidelines to any livestock grazing in the pilot project area
during the term of the pilot project, unless the livestock
grazing is being conducted in the specific location at which
the Scientific Analysis Team guidelines are being applied to
an activity under subsection (d).
(3) Compliance.--All resource management activities
required by subsection (d) shall be implemented to the extent
consistent with applicable Federal law and the standards and
guidelines for the conservation of the California spotted owl
as set forth in the California Spotted Owl Sierran Provence
Interim Guidelines or the subsequently issued guidelines,
whichever are in effect.
(4) Roadless area protection.--The Regional Forester for
Region 5 shall direct that any resource management activity
required by subsection (d)(1) and (2), all road building, all
timber harvesting activities, and any riparian management
under subsection (d)(4) that utilizes road construction or
timber harvesting shall not be conducted on Federal lands
within the Plumas National Forest, Lassen National Forest,
and the Sierraville Ranger District of the Tahoe National
Forest that are designated as either ``Off Base'' or
``Deferred'' on the map referred to in subsection (a). Such
direction shall be effective during the term of the pilot
project.
(d) Resource Management Activities.--During the term of the
pilot project, the Secretary shall implement and carry out
the following resource management activities on an acreage
basis on the Federal lands included within the pilot project
area designated under subsection (b)(2):
(1) Fuelbreak construction.--Construction of a strategic
system of defensible fuel profile zones, including shaded
fuelbreaks, utilizing thinning, individual tree selection,
and other methods of vegetation management consistent with
the Quincy Library Group-Community Stability Proposal, on not
less than 40,000, but not more than 60,000, acres per year.
(2) Group selection and individual tree selection.--
Utilization of group selection and individual tree selection
uneven-aged forest management prescriptions described in the
Quincy Library Group-Community Stability Proposal to achieve
a desired future condition of all-age, multistory, fire
resilient forests as follows:
(A) Group selection.--Group selection on an average acreage
of .57 percent of the pilot project area land each year of
the pilot project.
(B) Individual tree selection.--Individual tree selection
may also be utilized within the pilot project area.
(3) Total acreage.--The total acreage on which resource
management activities are
[[Page H10644]]
implemented under this subsection shall not exceed 70,000
acres each year.
(4) Riparian management.--A program of riparian management,
including wide protection zones and riparian restoration
projects, consistent with riparian protection guidelines in
subsection (c)(2)(B).
(e) Cost-Effectiveness.--In conducting the pilot project,
Secretary shall use the most cost-effective means available,
as determined by the Secretary, to implement resource
management activities described in subsection (d).
(f) Funding.--
(1) Source of funds.--In conducting the pilot project, the
Secretary shall use, subject to the relevant reprogramming
guidelines of the House and Senate Committees on
Appropriations--
(A) those funds specifically provided to the Forest Service
by the Secretary to implement resource management activities
according to the Quincy Library Group-Community Stability
Proposal; and
(B) year-end excess funds that are allocated for the
administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger District
of Tahoe National Forest.
(2) Prohibition on use of certain funds.--The Secretary may
not conduct the pilot project using funds appropriated for
any other unit of the National Forest System.
(3) Flexibility.--Subject to normal reprogramming
guidelines, during the term of the pilot project, the forest
supervisors of Plumas National Forest, Lassen National
Forest, and Tahoe National Forest may allocate and use all
accounts that contain year-end excess funds and all available
excess funds for the administration and management of Plumas
National Forest, Lassen National Forest, and the Sierraville
Ranger District of Tahoe National Forest to perform the
resource management activities described in subsection (d).
(4) Restriction.--The Secretary or the forest supervisors,
as the case may be, shall not utilize authority provided
under paragraphs (1)(B) and (3) if, in their judgment, doing
so will limit other nontimber related multiple use activities
for which such funds were available.
(5) Overhead.--The Secretary shall seek to ensure that of
amounts available to carry out this section--
(A) not more than 12 percent is used or allocated for
general administration or other overhead; and
(B) at least 88 percent is used to implement and carry out
activities required by this section.
(6) Authorized supplemental funds.--There are authorized to
be appropriated to implement and carry out the pilot project
such sums as are necessary.
(7) Baseline funds.--Amounts available for resource
management activities authorized under subsection (d) shall
at a minimum include existing baseline funding levels.
(g) Term of Pilot Project.--The Secretary shall conduct the
pilot project until the earlier of: (1) the date on which the
Secretary completes amendment or revision of the land and
resource management plans directed under and in compliance
with subsection (i) for the Plumas National Forest, Lassen
National Forest, and Tahoe National Forest; or (2) five years
after the date of the commencement of the pilot project.
(h) Consultation.--(1) The statement required by subsection
(b)(1) shall be prepared in consultation with interested
members of the public, including the Quincy Library Group.
(2) Contracting.--The Forest Service, subject to the
availability of appropriations, may carry out any (or all) of
the requirements of this section using private contracts.
(i) Corresponding Forest Plan Amendments.--Within 2 years
after the date of the enactment of this Act, the Regional
Forester for Region 5 shall initiate the process to amend or
revise the land and resource management plans for Plumas
National Forest, Lassen National Forest, and Tahoe National
Forest. The process shall include preparation of at least one
alternative that--
(1) incorporates the pilot project and area designations
made by subsection (b), the resource management activities
described in subsection (d), and other aspects of the Quincy
Library Group-Community Stability Proposal; and
(2) makes other changes warranted by the analyses conducted
in compliance with section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section
6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604), and other applicable laws.
(j) Status Reports.--
(1) In general.--Not later than February 28 of each year
during the term of the pilot project, the Secretary shall
submit to Congress a report on the status of the pilot
project. The report shall include at least the following:
(A) A complete accounting of the use of funds made
available under subsection (f)(1)(A) until such funds are
fully expended.
(B) A complete accounting of the use of funds and accounts
made available under subsection (f)(1) for the previous
fiscal year, including a schedule of the amounts drawn from
each account used to perform resource management activities
described in subsection (d).
(C) A description of total acres treated for each of the
resource management activities required under subsection (d),
forest health improvements, fire risk reductions, water yield
increases, and other natural resources-related benefits
achieved by the implementation of the resource management
activities described in subsection (d).
(D) A description of the economic benefits to local
communities achieved by the implementation of the pilot
project.
(E) A comparison of the revenues generated by, and costs
incurred in, the implementation of the resource management
activities described in subsection (d) on the Federal lands
included in the pilot project area with the revenues and
costs during each of the fiscal years 1992 through 1997 for
timber management of such lands before their inclusion in the
pilot project.
(F) A proposed schedule for the resource management
activities to be undertaken in the pilot project area during
the 1-year period beginning on the date of submittal of the
report.
(G) A description of any adverse environmental impacts from
the pilot project.
(2) Limitation on expenditures.--The amount of Federal
funds expended on each annual report under this subsection
shall not exceed $125,000.
(k) Final Report.--
(1) In general.--The Secretary shall establish an
independent scientific panel to review and report on whether,
and to what extent, implementation of the pilot project under
this section achieved the goals stated in the Quincy Library
Group-Community Stability Proposal, including improved
ecological health and community stability. The membership of
the panel shall reflect expertise in diverse disciplines in
order to adequately address all of those goals.
(2) Preparation.--The panel shall initiate such review no
sooner than 18 months after the first day of the term of the
pilot project under subsection (g). The panel shall prepare
the report in consultation with interested members of the
public, including the Quincy Library Group. The report shall
include, but not be limited to, the following:
(A) A description of any adverse environmental impacts
resulting from implementation of the pilot project.
(B) An assessment of watershed monitoring data on lands
treated pursuant to this section. Such assessment shall
address the following issues on a priority basis: timing of
water releases; water quality changes; and water yield
changes over the short- and long-term in the pilot project
area.
(3) Submission to the congress.--The panel shall submit the
final report to the Congress as soon as practicable, but in
no case later than 18 months after completion of the pilot
project.
(4) Limitation on expenditures.--The amount of Federal
funds expended for the report under this subsection, other
than for watershed monitoring, shall not exceed $350,000. The
amount of Federal funds expended for watershed monitoring
under this subsection shall not exceed $175,000 for each
fiscal year in which the report is prepared.
(l) Relationship to Other Laws.--Nothing in this section
exempts the pilot project from any Federal environmental law.
(m) Loans for Demonstration Projects for Wood Waste or Low-
Quality Wood Byproducts.--
(1) Evaluation of loan advisability.--The Alternative
Agricultural Research and Commercialization Corporation
established under section 1658 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this
section referred to as the ``Corporation'') shall evaluate
the advisability of making commercialization assistance loans
under section 1661 of such Act (7 U.S.C. 5905) to support a
minimum of 2 demonstration projects for the development and
demonstration of commercial application of technology to
convert wood waste or low-quality wood byproducts into
usable, higher value products.
(2) Location of demonstration projects.--If the Corporation
determines to make loans under this subsection to support the
development and demonstration of commercial application of
technology to convert wood waste or low-quality wood
byproducts into usable, higher value products, the
Corporation shall consider making one loan with regard to a
demonstration project to be conducted in the pilot project
area and one loan with regard to a demonstration project to
be conducted in southeast Alaska.
(3) Eligibility requirements.--To be eligible for a loan
under this subsection, a demonstration project shall be
required to satisfy the eligibility requirements imposed by
the Corporation under section 1661 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5905).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Idaho [Mrs. Chenoweth] and the gentleman from North Dakota [Mr.
Pomeroy] each will control 20 minutes.
The Chair recognizes the gentlewoman from Idaho [Mrs. Chenoweth].
{time} 2045
Mrs. CHENOWETH. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHENOWETH asked and was given permission to revise and extend
her remarks.)
Mrs. CHENOWETH. Mr. Speaker, S. 1079 would facilitate the oil and gas
exploration on the Fort Berthold Indian
[[Page H10645]]
Reservation by allowing the Secretary of the Interior to approve
mineral leases affecting individually owned Indian land if a majority
of the owners of the undivided mineral interests consent. S. 1079 would
supersede a 1909 law which provides that the Secretary may not approve
a mineral lease affecting individually owned Indian land unless every
single person who has an undivided mineral interest in that land
consents.
Approximately 70 percent of the individually owned tracts of Indian
land on the Fort Berthold Indian Reservation are owned by groups of 20
or more individuals, and some tracts are owned by 200 individuals. In
many instances, these individuals have not been identified or cannot be
located. The requirements of the 1909 law have proven to be so
difficult to meet that very little oil production has taken place on
individually owned Indian land within a geological basin which has
produced over 1 billion barrels of oil.
The Mandan Indian Nation and the Hidatsa Indian Nation and the
Arikara Indian Nation all support S. 1079. The administration supports
S. 1079. And the gentleman from North Dakota [Mr. Pomeroy], who has
introduced a companion bill, H.R. 2309, also supports S. 1079.
Also, the bill as amended directs the Secretary of Agriculture to
conduct a pilot project on designated lands within the Plumas, Lassen,
and Tahoe National Forests in the State of California to demonstrate
the effectiveness of the resource management activities proposed by the
Quincy Library Group and to amend current land and resource management
plans for these national forests to consider the incorporation of these
resource management activities. The text is essentially that which
passed the House on July 9, 1997, by a vote of 429 to 1. It has minor
changes as amended by the Senate Committee on Energy and Natural
Resources. It has one major change adopted by the Senate that takes the
5-year pilot project and allows it to be cut off sooner after
amendments to the land management plans pursuant to subsection (i) of
that section of the bill.
This is a good piece of legislation. It solves a big problem created
by outdated laws and so forth. I recommend that it pass, Mr. Speaker.
Mr. Speaker, I reserve the balance of my time.
Mr. POMEROY. Mr. Speaker, I yield myself such time as I may consume.
I thank the gentlewoman from Idaho [Mrs. Chenoweth], the subcommittee
Chair, for her assistance in this matter. She has superbly described S.
1079. I would add, I would have preferred the consideration of this in
an unamended form, but I am really pleased that it is before us on the
suspension calendar.
I do support the legislation. It is strongly supported by the tribal
government at issue. At a time when we are encouraging economic self-
sufficiency, the tribal government is eager to explore oil and gas
development on tribal lands. Because this reservation wholly lies
within the Williston Basin, an area where there has been a lot of
successful oil development, their prospects are very good that they
will receive leasing activity and the economic development that flows
from that; that they will subsequently see oil development and also
create a substantial number of jobs in the development of their oil
resources.
How cruel our existing policy has been relative to the development of
leasing activity within Indian lands. By requiring, as we have done
since the 1909 act, virtually every interest owner, no matter how
minute, to have to be identified and have them sign off on the
proposal, we have essentially shut Indian oil development down cold.
I think that this legislation, which will be so particularly
important to the tribe at issue, may also serve as an example that we
might follow later on. And so as we help the Fort Berthold Indian
Reservation tonight, I believe that we may be doing a favor for all
Indian reservations that might be interested in exploring mineral
leasing activity in the future. Mr. Speaker, again I thank all in the
majority for helping us bring this matter forward.
Mr. MILLER of California. Mr. Speaker, S. 1079 is a bill introduced
by Senator Dorgan that allows the Three Affiliated Tribes of the Fort
Berthold Reservation in North Dakota to take an important step toward
future economic development. Congressman Pomeroy of North Dakota has
sponsored similar legislation in the House.
In an attempt to force Senate action on the Quincy Library Group
legislation, the majority has sent S. 1079 to the desk with an
unrelated amendment, that with one change is the text of Quincy Library
Group bill (H.R. 858) that was reported by the Senate Energy and
Natural Resources Committee last month.
Members may recall that when the House considered H.R. 858 in July, I
initially opposed the bill. However, after negotiating with Chairman
Young, a number of important changes were made to the bill on the House
floor. With those changes I voted for the bill. I recognized at the
time that the bill was far from a perfect measure but it was
significantly improved.
The Senate Energy and Natural Resources Committee has made further
changes to the bill. Two of the most important changes were to provide
roadless area protection to large areas of the three national forests
and to provide the pilot project will end the earlier of when the
forest plan is amended or 5 years.
I am pleased to see the language added on roadless area protection.
This change provides a statutory basis for such protection but it by no
means is the only protection that can be provided. There is no
requirement that the Forest Service undertake activities on lands that
were not identified as off-base or deferred. The Forest Service has the
authority and I expect them to use it to not enter into lands where it
has been brought to their attention that such activities would harm
either the land or the resources found on those lands.
Likewise, the Senate change on the time limit of the pilot project is
an improvement. As I and others had noted, it made no sense to require
the Forest Service to continue the pilot project even after the plan
amendment process has been completed. This is inconsistent with the
normal operation of environmental laws.
Let us not forget, the Quincy Library Group legislation is a pilot
project. As such, it sets no precedent for further action on other
proposals. In fact, it would be irresponsible to act on other such
proposals before this pilot project was completed and we and others had
a chance to review its strengths and weaknesses. I still have
reservations on this proposal but it obvious that the bill has been
substantively improved from where it started out. I expect the Forest
Service to see that all environmental laws are complied with, as the
bill requires.
Mr. Speaker, I will not oppose the nongermane amendment that is being
offered to S. 1079 but I must question the majority's tactic of using
this bill as an attempt to force Senate action of the Quincy Library
Group legislation. The only thing this strategy has to offer is that
the Senate will have before it two Quincy bills before it rather than
one.
I regret the S. 1079 is being held hostage. The underlying bill would
allow the Secretary of the Interior to approve the mineral lease of
lands for individual Indians living on the Fort Berthold Reservation
when a majority of interest owners have agreed to the lease. Otherwise,
approval of the lease would require unanimous consent of all the
interest owners.
Because many of the ownership of interests individual Indian lands
have been divided and subdivided into hundreds of shares over the past
century, leasing of these Indian lands for any purpose has posed an
insurmountable problem because it is nearly impossible for the Bureau
of Indian Affairs or the tribes to identify and track down each
individual interest owner, much less get their unanimous consent.
Basically, this bill tackles the fractionated heirship problem that
plagues many Indian reservations across the country. On the whole it is
a good approach and may be considered as one model for national
legislation that addresses this problem for all Indian tribes.
Nevertheless, I have two concerns about this bill. The first is
procedural. No hearings or other kind of legislative record has been
built up here in the House of Representatives. This is not the first
time nor, I suspend, the last that Indian bills are going to be handled
in this fashion. I just want to point this out for the record.
Second, I remain concerned about a provision in the bill that allows
the Secretary to execute a mineral lease on behalf of an Indian owner
if the land is in probate and the heirs or devisees have not been
determined or cannot be located.
With the extent of fractionated heirship in Indian country, there
will certainly be many cases where the heirs have not been determined
or cannot be located. In this case, the bill does not impose a
requirement that the Secretary make serious effort to determine or
locate the heirs. I am concerned that the BIA will simply use this
language as an excuse to simply rubber stamp any lease application for
lands in probate.
I hope that this will not be the result of this bill and strongly
urge the administration to adopt regulations that impose a serious duty
to make a good faith effort to give notice to, and determine and
locate, those heirs and
[[Page H10646]]
devisees of lands subject to this bill. Furthermore, the administration
should also adopt regulations that at least give the probate process a
fair but timely chance of working.
Having voiced these concerns, I will support passage of this bill.
Mr. POMEROY. Mr. Speaker, I yield back the balance of my time.
Mrs. CHENOWETH. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Calvert). The question is on the motion
offered by the gentlewoman from Idaho [Mrs. Chenoweth] that the House
suspend the rules and pass the Senate bill, S. 1079, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
The title of the Senate bill 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, to direct the Secretary of Agriculture to conduct a pilot
project on designated national forest lands in California to
demonstrate the effectiveness of resource management activities
proposed by the Quincy Library Group, and for other purposes.''
A motion to reconsider was laid on the table.
____________________