[Congressional Record Volume 145, Number 149 (Thursday, October 28, 1999)]
[Extensions of Remarks]
[Page E2208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  LEASING RIGHTS FOR THE NAVAJO NATION

                                 ______
                                 

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                       Thursday, October 28, 1999

  Mr. UDALL of New Mexico. Mr. Speaker, today I introduce legislation, 
which is being co-sponsored by my colleagues J.D. Hayworth of Arizona 
and Chris Cannon of Utah, that provides for the leasing of oil and gas 
rights on certain lands held in trust for the Navajo Nation or allotted 
to a member of the Navajo Nation. This legislation would correct a 
serious problem facing the Navajo people in Arizona, Utah and New 
Mexico--the issue of ``fractionated lands.''
  From the late 1800's through the early 1900's, the Federal Government 
attempted to force Indian people to assimilate by allocating parcels of 
traditional tribal lands to individual tribal members. This practice 
resulted in alternating parcels of lands being owned by individual 
tribal members, the state, the federal government, or other private 
landowners. Navajo owners were granted an undivided interest of their 
entire allotment as were their heirs. An undivided interest meant that 
the heirs received an interest in the entire original allotment rather 
than a portion of the original land. For example, if four heirs were to 
receive equal interest to a 160 acre parcel, each heir would recieve a 
25 percent interest in the entire original allotment--not 40 acres. 
Over time the number of owners with an interest in an allotment is 
compounded or fractionated.
  This unique system has not served the Navajo people well. After 
nearly a century, this allotment policy has become a nightmare for the 
Navajo people. Keeping records straight has become an impossible task. 
In many cases, owners can no longer be located while some individuals 
are completely unaware that they are heirs to an interest in a parcel. 
Many times, title to a parcel is clouded when just one owner dies 
without a legal will.
  Over the years, Congress has tried to deal with fractionated lands 
and other issues governing Indian land ownership without success. These 
issues are complex and will not fully resolved overnight. In the mean 
time, I believe it is appropriate to consider a stop-gap measure aimed 
at stimulating near-term economic development on fractionated Navajo 
lands. The bill I am introducing today will facilitate the leasing of 
Navajo allotted land for oil and gas development by authorizing the 
Secretary of the Interior to approve oil and gas leases on Navajo 
allotted lands when less then 100 percent of the owners agree to such 
lease--a mechanism that is already available to non-Indians in most 
states.
  Mr. Speaker, this is a companion bill to a bill that has already been 
introduced in the other chamber on July 1, 1999, by Senator Bingaman of 
New Mexico and co-sponsored by Senators Hatch and Bennett of Utah, and 
Senator McCain of Arizona.

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