[Congressional Record Volume 144, Number 74 (Wednesday, June 10, 1998)]
[Senate]
[Page S6127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FORT BERTHOLD INDIAN RESERVATION

  Ms. COLLINS. Mr. President, I now ask unanimous consent that the 
Senate proceed to the consideration of Calendar No. 400, S. 2069.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A bill (S. 2069) 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 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).

  Ms. COLLINS. Mr. President, I ask unanimous consent the committee 
amendment be agreed to, the bill as amended be read a third time, 
passed, and the motion to reconsider be laid upon the table, that the 
title amendment be agreed to, and that any statements related to the 
bill appear in the Record with the above occurring without intervening 
action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 2069), as amended, was read the third time and 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.

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