105TH CONGRESS

1ST SESSION S. 1079

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1079 ES

1 SECTION 1. LEASES OF ALLOTTED LANDS OF THE FORT

2 BERTHOLD INDIAN RESERVATION.

3 (a) IN GENERAL.—

4 (1) DEFINITIONS.—In this section:

5 (A) INDIAN LAND.—The term ‘‘Indian

6 land’’ means an undivided interest in a single

7 parcel of land that—

8 (i) is located within the Fort Berthold

9 Indian Reservation in North Dakota; and

10 (ii) is held in trust or restricted status

11 by the United States.

12 (B) INDIVIDUALLY OWNED INDIAN

13 LAND.—The term ‘‘individually owned Indian

14 land’’ means Indian land that is owned by 1 or

15 more individuals.

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

17 means the Secretary of the Interior.

18 (2) EFFECT OF APPROVAL BY SECRETARY OF

19 THE INTERIOR.—

20 (A) IN GENERAL.—The Secretary may ap21 prove any mineral lease or agreement that af22 fects individually owned Indian land, if—

23 (i) the owners of a majority of the un24 divided interest in the Indian land that is

25 the subject of the mineral lease or agree26 ment (including any interest covered by a
3

S 1079 ES

1 lease or agreement executed by the Sec2 retary under paragraph (3)) consent to the

3 lease or agreement; and

4 (ii) the Secretary determines that ap5 proving the lease or agreement is in the

6 best interest of the Indian owners of the

7 Indian land.

8 (B) EFFECT OF APPROVAL.—Upon the ap9 proval by the Secretary under subparagraph

10 (A), the lease or agreement shall be binding, to

11 the same extent as if all of the Indian owners

12 of the Indian land involved had consented to

13 the lease or agreement, upon—

14 (i) all owners of the undivided interest

15 in the Indian land subject to the lease or

16 agreement (including any interest owned

17 by an Indian tribe); and

18 (ii) all other parties to the lease or

19 agreement.

20 (C) DISTRIBUTION OF PROCEEDS.—The

21 proceeds derived from a lease or agreement that

22 is approved by the Secretary under subpara23 graph (A) shall be distributed to all owners of

24 the Indian land that is subject to the lease or
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S 1079 ES

1 agreement in accordance with the interest

2 owned by each such owner.

3 (3) EXECUTION OF LEASE OR AGREEMENT BY

4 SECRETARY.—The Secretary may execute a mineral

5 lease or agreement that affects individually owned

6 Indian land on behalf of an Indian owner if—

7 (A) that owner is deceased and the heirs

8 to, or devisees of, the interest of the deceased

9 owner have not been determined; or

10 (B) the heirs or devisees referred to in

11 subparagraph (A) have been determined, but 1

12 or more of the heirs or devisees cannot be lo13 cated.

14 (4) PUBLIC AUCTION OR ADVERTISED SALE

15 NOT REQUIRED.—It shall not be a requirement for

16 the approval or execution of a lease or agreement

17 under this subsection that the lease or agreement be

18 offered for sale through a public auction or adver19 tised sale.
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S 1079 ES

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

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

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

Passed the Senate November 7, 1997.

Attest:

Secretary.
105TH CONGRESS

1ST SESSION S. 1079

AN ACT

To permit the mineral leasing of Indian land loconsideration for lease. a majority interest in the parcel of land under tion in any case in which there is consent from cated within the Fort Berthold Indian Reserva-