I
106TH CONGRESS
1ST SESSION
H. R. 3181
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 HOUSE OF REPRESENTATIVES
OCTOBER 28, 1999
Mr. UDALL of New Mexico (for himself, Mr. HAYWORTH, and Mr. CANNON)
introduced the following bill; which was referred to the Committee on
Recources
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LEASES OF NAVAJO INDIAN ALLOTTED LANDS.
(a) DEFINITIONS.—In this section:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given the term in section 4(e) of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)).
(2) INDIVIDUALLY OWNED NAVAJO INDIAN AL-
LOTTED LAND.—The term ‘‘individually owned Nav-
ajo Indian allotted land’’ means Navajo Indian allot-
ted land that is owned in whole or in part by 1 or
more individuals.
(3) NAVAJO INDIAN.—The term ‘‘Navajo In-
dian’’ means a member of the Navajo Nation.
(4) NAVAJO
INDIAN
ALLOTTED
LAND.—The
term ‘‘Navajo Indian allotted land’’ means a single
parcel of land that—
(A) is located within the jurisdiction of the
Navajo Nation; and
(B)(i) is held in trust or restricted status
by the United States for the benefit of Navajo
Indians or members of another Indian tribe;
and
(ii) was—
(I) allotted to a Navajo Indian; or
(II) taken into trust or restricted sta-
tus by the United States for a Navajo In-
dian.
(5) OWNER.—The term ‘‘owner’’ means, in the
case of any interest in land described in paragraph
(4)(B)(i), the beneficial owner of the interest.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(b) APPROVAL BY THE SECRETARY.—
(1) IN GENERAL.—The Secretary may approve
an oil or gas lease or agreement that affects individ-
ually owned Navajo Indian allotted land, if—
(A) the owners of not less than the appli-
cable percentage (determined under paragraph
(2)) of the undivided interest in the Navajo In-
dian allotted land that is covered by the oil or
gas lease or agreement consent in writing to the
lease or agreement; and
(B) the Secretary determines that approv-
ing the lease or agreement is in the best inter-
est of the owners of the undivided interest in
the Navajo Indian allotted land.
(2) PERCENTAGE
INTEREST.—The applicable
percentage referred to in paragraph (1)(A) shall be
determined as follows:
(A) If there are 10 or fewer owners of the
undivided interest in the Navajo Indian allotted
land, the applicable percentage shall be 100
percent.
(B) If there are more than 10 such own-
ers, but fewer than 51 such owners, the applica-
ble percentage shall be 80 percent.
(C) If there are 51 or more such owners,
the applicable percentage shall be 60 percent.
(3) AUTHORITY OF SECRETARY TO SIGN LEASE
OR
AGREEMENT
ON
BEHALF
OF
CERTAIN
OWN-
ERS.—The Secretary may give written consent to an
oil or gas lease or agreement under paragraph (1)
on behalf of an individual Indian owner if—
(A) the 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 lo-
cated.
(4) EFFECT OF APPROVAL.—
(A) APPLICATION TO ALL PARTIES.—
(i) IN GENERAL.—Subject to subpara-
graph (B), an oil or gas lease or agreement
approved by the Secretary under para-
graph (1) shall be binding on the parties
described in clause (ii), to the same extent
as if all of the owners of the undivided in-
terest in Navajo Indian allotted land cov-
ered under the lease or agreement con-
sented to the lease or agreement.
(ii) DESCRIPTION OF PARTIES.—The
parties referred to in clause (i) are—
(I) the owners of the undivided
interest in the Navajo Indian allotted
land covered under the lease or agree-
ment referred to in clause (i); and
(II) all other parties to the lease
or agreement.
(B) EFFECT ON INDIAN TRIBE.—If—
(i) an Indian tribe is the owner of a
portion of an undivided interest in Navajo
Indian allotted land; and
(ii) an oil or gas lease or agreement
under paragraph (1) is otherwise applica-
ble to such portion by reason of this sub-
section even though the Indian tribe did
not consent to the lease or agreement,
then the lease or agreement shall apply to such
portion of the undivided interest (including en-
titlement of the Indian tribe to payment under
the lease or agreement), but the Indian tribe
shall not be treated as a party to the lease or
agreement and nothing in this subsection (or in
the lease or agreement) shall be construed to
affect the sovereignty of the Indian tribe.
(5) DISTRIBUTION OF PROCEEDS.—
(A) IN GENERAL.—The proceeds derived
from an oil or gas lease or agreement that is
approved by the Secretary under paragraph (1)
shall be distributed to all owners of the undi-
vided interest in the Navajo Indian allotted land
covered under the lease or agreement.
(B) DETERMINATION
OF
AMOUNTS
DIS-
TRIBUTED.—The amount of the proceeds under
subparagraph (A) distributed to each owner
under that subparagraph shall be determined in
accordance with the portion of the undivided in-
terest in the Navajo Indian allotted land cov-
ered under the lease or agreement that is owned
by that owner.
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