II

Calendar No. 258

105TH CONGRESS

1ST SESSION S. 1079

[Report No. 105–139]

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.

IN THE SENATE OF THE UNITED STATES

JULY 29, 1997

Mr. DORGAN (for himself and Mr. CONRAD) introduced the following bill;

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

NOVEMBER 5, 1997

Reported by Mr. CAMPBELL, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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.
2

•S 1079 RS

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 ALLOTTED LANDS OF THE FORT

4 BERTHOLD INDIAN RESERVATION.

5 (a) IN GENERAL.—

6 (1) APPROVAL BY SECRETARY OF THE INTE7 RIOR.—

8 (A) IN GENERAL.—Notwithstanding any

9 other provision of law (including the Act of

10 March 3, 1909 (35 Stat. 783, chapter 263; 25

11 U.S.C. 396) and the regulations issued under

12 that Act), the Secretary of the Interior or a

13 designee of the Secretary may approve mineral

14 leases of an allotment described in paragraph

15 (2) in any case in which the Indian owners of

16 that allotment have executed leases to more

17 than 50 percent of the mineral estate of that al18 lotment.

19 (B) BENEFITS OF LEASES.—At such time

20 as mineral leases on an allotment have been ap21 proved for all Indian ownership interests pursu22 ant to this section, all Indian owners of the al23 lotment shall be entitled to the benefits of the

24 leases.
3

•S 1079 RS

1 (2) ALLOTMENT.—An allotment described in

2 this paragraph is an allotment that—

3 (A) is located in the Fort Berthold Indian

4 Reservation, North Dakota; and

5 (B) is held in trust by the United States.

6 (b) RULE OF CONSTRUCTION.—This Act supersedes

7 the Act of March 3, 1909 (35 Stat. 783, chapter 263; 25

8 U.S.C. 396) only to the extent provided in subsection (a).

9 SECTION 1. LEASES OF ALLOTTED LANDS OF THE FORT

10 BERTHOLD INDIAN RESERVATION.

11 (a) IN GENERAL.—

12 (1) DEFINITIONS.—In this section:

13 (A) INDIAN LAND.—The term ‘‘Indian

14 land’’ means an undivided interest in a single

15 parcel of land that—

16 (i) is located within the Fort Berthold

17 Indian Reservation in North Dakota; and

18 (ii) is held in trust or restricted status

19 by the United States.

20 (B) INDIVIDUALLY OWNED INDIAN LAND.—

21 The term ‘‘individually owned Indian land’’

22 means Indian land that is owned by 1 or more

23 individuals.

24 (C) SECRETARY.—The term ‘‘Secretary’’

25 means the Secretary of the Interior.
4

•S 1079 RS

1 (2) EFFECT OF APPROVAL BY SECRETARY OF

2 THE INTERIOR.—

3 (A) IN GENERAL.—The Secretary may ap4 prove any mineral lease or agreement that affects

5 individually owned Indian land, if—

6 (i) the owners of a majority of the un7 divided interest in the Indian land that is

8 the subject of the mineral lease or agreement

9 (including any interest covered by a lease or

10 agreement executed by the Secretary under

11 paragraph (3)) consent to the lease or agree12 ment; and

13 (ii) the Secretary determines that ap14 proving the lease or agreement is in the best

15 interest of the Indian owners of the Indian

16 land.

17 (B) EFFECT OF APPROVAL.—Upon the ap18 proval by the Secretary under subparagraph (A),

19 the lease or agreement shall be binding, to the

20 same extent as if all of the Indian owners of the

21 Indian land involved had consented to the lease

22 or agreement, upon—

23 (i) all owners of the undivided interest

24 in the Indian land subject to the lease or
5

•S 1079 RS

1 agreement (including any interest owned by

2 an Indian tribe); and

3 (ii) all other parties to the lease or

4 agreement.

5 (C) DISTRIBUTION OF PROCEEDS.—The

6 proceeds derived from a lease or agreement that

7 is approved by the Secretary under subpara8 graph (A) shall be distributed to all owners of

9 the Indian land that is subject to the lease or

10 agreement in accordance with the interest owned

11 by each such owner.

12 (3) EXECUTION OF LEASE OR AGREEMENT BY

13 SECRETARY.—The Secretary may execute a mineral

14 lease or agreement that affects individually owned In15 dian land on behalf of an Indian owner if—

16 (A) that owner is deceased and the heirs to,

17 or devisees of, the interest of the deceased owner

18 have not been determined; or

19 (B) the heirs or devisees referred to in sub20 paragraph (A) have been determined, but 1 or

21 more of the heirs or devisees cannot be located.

22 (4) PUBLIC AUCTION OR ADVERTISED SALE NOT

23 REQUIRED.—It shall not be a requirement for the ap24 proval or execution of a lease or agreement under this
6

•S 1079 RS

1 subsection that the lease or agreement be offered for

2 sale through a public auction or advertised sale.

3 (b) RULE OF CONSTRUCTION.—This Act supersedes the

4 Act of March 3, 1909 (35 Stat. 783, chapter 263; 25 U.S.C.

5 396) only to the extent provided in subsection (a).

Amend the title 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.’’.

Calendar No. 258

105TH CONGRESS

1ST SESSION S. 1079

[Report No. 105–139]

A BILL

To permit the leasing of mineral rights, in any case

lotment.than 50 percent of the mineral estate of that althe United States have executed leases to moreBerthold Indian Reservation and held in trust byis located within the boundaries of the Fortin which the Indian owners of an allotment that

NOVEMBER 5, 1997

Reported with an amendment and an amendment to the

title