S. 2069

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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.
S. 2069—2

(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).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.