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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2069 Enrolled Bill (ENR)]

        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.
            (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.
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