II

106TH CONGRESS

1ST SESSION S. 1315

To permit 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,

in any case in which there is consent from a specified percentage interest

in the parcel of land under consideration for lease.

IN THE SENATE OF THE UNITED STATES

JULY 1, 1999

Mr. BINGAMAN (for himself and Mr. HATCH) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

A BILL

To permit 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, in any case in which

there is consent from a specified percentage interest in

the parcel of land under consideration for lease.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LEASES OF NAVAJO INDIAN ALLOTTED LANDS.

4 (a) DEFINITIONS.—In this section:

5 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

6 has the meaning given the term in section 4(e) of
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1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 450b(e)).

3 (2) INDIVIDUALLY OWNED NAVAJO INDIAN AL4 LOTTED LAND.—The term ‘‘individually owned Nav5 ajo Indian allotted land’’ means Navajo Indian allot6 ted land that is owned in whole or in part by 1 or

7 more individuals.

8 (3) NAVAJO INDIAN.—The term ‘‘Navajo In9 dian’’ means a member of the Navajo Nation.

10 (4) NAVAJO INDIAN ALLOTTED LAND.—The

11 term ‘‘Navajo Indian allotted land’’ means a single

12 parcel of land that—

13 (A) is located within the jurisdiction of the

14 Navajo Nation; and

15 (B)(i) is held in trust or restricted status

16 by the United States for the benefit of Navajo

17 Indians or members of another Indian tribe;

18 and

19 (ii) was—

20 (I) allotted to a Navajo Indian; or

21 (II) taken into trust or restricted sta22 tus by the United States for a Navajo In23 dian.
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1 (5) OWNER.—The term ‘‘owner’’ means, in the

2 case of any interest in land described in paragraph

3 (4)(B)(i), the beneficial owner of the interest.

4 (6) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the Interior.

6 (b) APPROVAL BY THE SECRETARY.—

7 (1) IN GENERAL.—The Secretary may approve

8 an oil or gas lease or agreement that affects individ9 ually owned Navajo Indian allotted land, if—

10 (A) the owners of not less than the appli11 cable percentage (determined under paragraph

12 (2)) of the undivided interest in the Navajo In13 dian allotted land that is covered by the oil or

14 gas lease or agreement consent in writing to the

15 lease or agreement; and

16 (B) the Secretary determines that approv17 ing the lease or agreement is in the best inter18 est of the owners of the undivided interest in

19 the Navajo Indian allotted land.

20 (2) PERCENTAGE INTEREST.—The applicable

21 percentage referred to in paragraph (1)(A) shall be

22 determined as follows:

23 (A) If there are 10 or fewer owners of the

24 undivided interest in the Navajo Indian allotted
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1 land, the applicable percentage shall be 100

2 percent.

3 (B) If there are more than 10 such own4 ers, but fewer than 51 such owners, the applica5 ble percentage shall be 80 percent.

6 (C) If there are 51 or more such owners,

7 the applicable percentage shall be 60 percent.

8 (3) AUTHORITY OF SECRETARY TO SIGN LEASE

9 OR AGREEMENT ON BEHALF OF CERTAIN OWN10 ERS.—The Secretary may give written consent to an

11 oil or gas lease or agreement under paragraph (1)

12 on behalf of an individual Indian owner if—

13 (A) the owner is deceased and the heirs to,

14 or devisees of, the interest of the deceased

15 owner have not been determined; or

16 (B) the heirs or devisees referred to in

17 subparagraph (A) have been determined, but 1

18 or more of the heirs or devisees cannot be lo19 cated.

20 (4) EFFECT OF APPROVAL.—

21 (A) APPLICATION TO ALL PARTIES.—

22 (i) IN GENERAL.—Subject to subpara23 graph (B), an oil or gas lease or agreement

24 approved by the Secretary under para25 graph (1) shall be binding on the parties
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1 described in clause (ii), to the same extent

2 as if all of the owners of the undivided in3 terest in Navajo Indian allotted land cov4 ered under the lease or agreement con5 sented to the lease or agreement.

6 (ii) DESCRIPTION OF PARTIES.—The

7 parties referred to in clause (i) are—

8 (I) the owners of the undivided

9 interest in the Navajo Indian allotted

10 land covered under the lease or agree11 ment referred to in clause (i); and

12 (II) all other parties to the lease

13 or agreement.

14 (B) EFFECT ON INDIAN TRIBE.—If—

15 (i) an Indian tribe is the owner of a

16 portion of an undivided interest in Navajo

17 Indian allotted land; and

18 (ii) an oil or gas lease or agreement

19 under paragraph (1) is otherwise applica20 ble to such portion by reason of this sub21 section even though the Indian tribe did

22 not consent to the lease or agreement,

23 then the lease or agreement shall apply to such

24 portion of the undivided interest (including en25 titlement of the Indian tribe to payment under
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1 the lease or agreement), but the Indian tribe

2 shall not be treated as a party to the lease or

3 agreement and nothing in this subsection (or in

4 the lease or agreement) shall be construed to

5 affect the sovereignty of the Indian tribe.

6 (5) DISTRIBUTION OF PROCEEDS.—

7 (A) IN GENERAL.—The proceeds derived

8 from an oil or gas lease or agreement that is

9 approved by the Secretary under paragraph (1)

10 shall be distributed to all owners of the undi11 vided interest in the Navajo Indian allotted land

12 covered under the lease or agreement.

13 (B) DETERMINATION OF AMOUNTS DIS14 TRIBUTED.—The amount of the proceeds under

15 subparagraph (A) distributed to each owner

16 under that subparagraph shall be determined in

17 accordance with the portion of the undivided in18 terest in the Navajo Indian allotted land cov19 ered under the lease or agreement that is owned

20 by that owner.

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