Fort Berthold Reservation Mineral Restoration Act
PL 98-602 (H.R.6221), enacted 10/30/1984

PUBLIC LAW 98-602-OCT. 30, 1984 
98 STAT. 3149 
Public Law 98-602 
98th Congress 
An Act 
To provide for the use and distribution of certain funds awarded the Wyandotte Tribe 
Q^.^ 3Q j^9g4 
of Oklahoma and to restore certain mineral rights to the Three Affiliated Tril)es of 
' 
the Fort Berthold Reservation. 
[HR- 6221] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—WYANDOTTE TRIBE OF OKLAHOMA 
ABROGATION OF PRIOR PLAN; REPEAL OF PRIOR DISTRIBUTION OF 
JUDGMENT FUNDS ACT 
SEC. 101. (a) Notwithstanding the Act entitled "An Act to provide 
for the use and distribution of funds appropriated in satisfaction of 
certain judgments of the Indian Claims Commission and the United 
States Court of Claims, and for other purposes." and approved 
October 19, 1973 (25 U.S.C. 1401, et seq.), or any other regulation or 
plan promulgated by the Secretary pursuant to such Act, the funds 
appropriated in satisfaction of the judgments awarded to the Wyan-
dotte Tribe of Oklahoma in— 
(1) docket 
numbered 
139 before 
the 
Indian 
Claims 
Commission, 
(2) docket numbered 141 before the United States Court of 
Claims, and 
(3) dockets numbered 212 and 213 before the United States 
Claims Court, 
(other than funds appropriated for the payment of attorney fees or 
litigation expenses) and any interest or investment income accrued 
or accruing (on or before the date of the allocation of funds pursuant 
to section 103(b)) on the amount of such judgments shall be used and 
distributed as provided in this title. 
(b) The Act entitled "An Act to provide for the use and distribu- 
Repeal. 
tion of funds to the Wyandotte Tribe of Indians in docket 139 before 
96 Stat. 1813. 
the Indian Claims Commission and docket 141 before the United 
States Court of Claims, and for other purposes." and approved 
December 20,1982, is hereby repealed. 
PREPARATION OF THE ROLL OF MEMBERS OF THE WYANDOTTE TRIBE OF 
OKLAHOMA AND THE ROLL OF ABSENTEE WYANDOTTES 
SEC. 102. (a) In accordance with such procedures £is may be 
adopted by the tribal governing body of the Wyandotte Tribe of 
Oklahoma and approved by the Secretary of the Interior (herein-
after in this Act referred to as the "Secretary"), such tribal govern-
ing body shall take such steps as may be necessary to ensure that 
the roll of members of such tribe includes all members of the tribe 
born on or before the date of the enactment of this Act. 
(b)(1) The Secretary shall prepare a roll of all individuals who— 
98 STAT. 3150 
PUBLIC LAW 98-602—OCT. 30, 1984 
Federal 
Register, 
publication. 
(A) were born on or before the date of the enactment of this 
Act, 
(B) are alive on the date of the enactment of this Act, and 
(C) are listed in, or are lineal descendants of individuals listed 
in, the compilation entitled "Census of Absentee or Citizen 
Wyandotte Indians" compiled by Joel T. Olive and dated 
November 18, 1896 (as corrected by W.A. Richards, Commis-
sioner of the General Land Office, in a circular dated Octo-
ber 28, 1904). 
(2) Applications for enrollment of individuals under paragraph (1) 
may be filed with the Secretary (in such manner as the Secretary 
shall prescribe) before the end of the 90-day period beginning on the 
date of the enactment of this Act. 
(3XA) The Secretary shall determine whether an individual who 
filed an application under paragraph (2) is eligible to be enrolled 
under paragraph (1). The initial determination of the Secretary with 
respect to the enrollment of any such individual shall be made 
before the end of the 180-day period beginning on the date of the 
enactment of this Act. The final determination of the Secretary with 
respect to the enrollment of any such individual shall not be 
reviewable in any court. 
(B) Any review by the Secretary of an initial determination of the 
Secretary with respect to the enrollment of any individual under 
paragraph (1) shall not delay the allocation of funds pursuant to 
section 1030t)) or any distribution of funds under section 104 or 105. 
(4) The Secretary shall publish, in the Federal Register and in 
such local media as the Secretary may determine to be appropriate, 
notice o
f
— 
(A) the provisions of this title that provide for a per capita 
distribution to Absentee Wyandottes and their descendants, 
(B) the preparation of the roll described in paragraph (1), and 
(C) the procedures established pursuant to paragraph (2) for 
filing applications for enrollment on such roll and the final date 
on which such applications may be filed with the Secretary. 
ALLOCATION OF FUNDS TO THE WYANDOTTE TRIBE OF OKLAHOMA AND 
THE ABSENTEE WYANDOTTES 
SEC. 103. (a) Before the end of the 90-day period beginning on the 
later o
f
— 
(1) the date by which any action required under section 102(a) 
relating to the roll of members of the tribe is completed, or 
(2) the date on which the roll prepared by the Secretary 
pursuant to section 102G)) is completed, 
the Secretary shall divide the funds described in section 101 between 
the Wyandotte Tribe of Oklahoma and the Absentee Wyandottes (as 
a group) in the manner provided in subsection (b). 
(b) The Secretary shall allocate to the Wyandotte Tribe and to the 
Absentee Wyandottes an amount which bears the same proportion 
to the total amount of the funds described in section 101 as the 
number of individuals listed on the roll referred to in subsection 
(aXl) or (aX2), as the case may be, who are living on the date of the 
enactment of this Act bears to the sum of the numbers of individuals 
on each such roll who are living on such date. 
PUBLIC LAW 98-602—OCT. 30, 1984 
98 STAT. 3151 
DISTRIBUTION TO ABSENTEE WYANDOTTES 
SEC. 104. The funds allocated to the Absentee Wyandottes and 
their descendants pursuant to section 1030)) shall be distributed in 
the form of per capita payments, in sums as equal as possible, to 
each individual listed on the roll prepared by the Secretjiry 
pursuant to section 1020t)). 
DISTRIBUTION TO WYANDOTTE TRIBE OF OKLAHOMA 
SEC. 105. (a) Eighty percent of the funds allocated to the Wyan-
dotte Tribe of Oklahoma pursuant to section 1030?) shall be distrib-
uted in the form of per capita payments, in sums as equal as 
possible, to each member of such Tribe who— 
(1) was born on or before the date of the enactment of this 
Act, £uid 
(2) is living on such date. 
0)) Twenty percent of the funds allocated to the Wyandotte Tribe 
of Oklahoma pursuant to section 1
O
3
0
1
)
) shall be used and distributed 
in accordance with the following general plan: 
(1) A sum of $100,000 of such funds shall be used for the 
purchase of real property which shall be held in trust by the 
Secretary for the benefit of such Tribe. 
(2) The amount of such funds in excess of $100,000 shall be 
held in trust by the Tribal Business Committee of such Tribe for 
the benefit of such Tribe. 
(3) Any interest or investment income accruing on the funds 
described in paragraph (2) may be used by the Tribal Business 
Committee of such Tribe for any of the following purposes: 
(A) Education of the members of such Tribe (including 
grants-in-aid or scholarships). 
(B) Medical or health needs of the members of such Tribe 
(including prosthetics). 
(C) Economic development for the benefit of such Tribe. 
(D) Land purcheises for the use and benefit of such Tribe. 
(E) Investments for the benefit of such Tribe. 
(F) Tribal cemetery maintenance. 
(G) Tribal building maintenance. 
(H) Tribal administration. 
(cXD Except as provided in paragraph (2) and notwithstanding any 
other provision of law, the approval of the Secretary for any pay-
ment or distribution by the Wyandotte Tribe of Oklahoma of any 
funds described in subsection O
t
)
) (on or after the date such funds are 
allocated pursuant to section 103(b)) shall not be required and the 
Secretary shall have no further trust responsibility for the invest-
ment, supervision, administration, or expenditure of such funds. 
(2) The Secretary may take such action as the Secretary may 
determine to be necessary and appropriate to enforce the require-
ments of this title. 
MANNER OF PER CAPITA DISTRIBUTION; TREATMENT OF AMOUNTS PAID 
OR DISTRIBUTED 
SEC. 106. (a) Any pajmient of a per capita share of funds to which a 
living, competent adult is entitled under this title shall be pmd 
directly to such adult. 
98 STAT. 3152 
PUBLIC LAW 98-602—OCT. 30, 1984 
(b) Any per capita share of funds to which a deceased individual is 
entitled under this title shall be paid, and the beneficiaries thereof 
determined, under regulations prescribed by the Secretary. 
(c) Any per capita share of funds to which a legally incompetent 
individual or a minor is entitled under this Act shall be paid in 
accordance with the requirements of section 3(bX3) of the Act enti-
25 use 1403. 
tied "An Act to provide for the use and distribution of funds 
appropriated in satisfaction of certain judgments of the Indian 
Claims Commission and the United States Court of Claims, and for 
other purposes." and approved October 19, 1973 (25 U.S.C. 1401, 
et seq.). 
(d) None of the funds distributed per capita under this title or 
made available under this title for any tribal program shall be— 
(1) subject to Federal, State, or local income taxes, or 
(2) considered as income or resources in determining either 
eligibility for, or the amount of assistance under— 
(A) the Social Security Act, or 
(B) in the case of any per capita share of $2,000 or less, 
any other Federal, State, or local programs. 
Fort Berthold 
Reservation 
Mineral 
Restoration Act. 
Public lands. 
TITLE II—FORT BERTHOLD RESERVATION MINERAL 
RESTORATION 
SEC. 201. This title may be cited as the "Fort Berthold Reservation 
Mineral Restoration Act . 
SEC. 202. (a) Subject to the provisions of this title, all mineral 
interests in the lands located within the exterior boundaries of the 
Fort Berthold Indian Reservation which— 
(1) were acquired by the United States for the construction, 
operation, or maintenance of the Garrison Dam and Reservoir 
Project, and 
(2) are not described in subsection (b), 
are hereby declared to be held in trust by the United States for the 
benefit and use of the Three Affiliated Tribes of the Fort Berthold 
Reservation. 
(b) The provisions of subsection (a) shall not apply with respect 
to— 
(1) lands located in township 152 north or township 151 north 
of range 93 west of the 5th principal meridian which lie east of 
the former Missouri River, and 
(2) lands located in any of the following townships: township 
152 north and township 151 north of range 92 west of the 5th 
principal meridian; township 152 north and township 151 north 
of range 91 west of the 5th principal meridian; township 152 
north and township 151 north of range 90 west of the 5th 
principal meridian; township 152 north, township 151 north, 
township 150 north, and township 149 north of range 89 west of 
the 5th principal meridian; township 152 north, township 151 
north, township 150 north, and township 149 north of range 88 
west of the 5th principal meridian; and township 152 north, 
township 151 north, township 150 north, and township 149 
north of range 87 west of the 5th principal meridian. 
SEC. 203. Any exploration, development, production, or extraction 
of minerals conducted with respect to any mineral interest described 
in section 202(a) shall be conducted in accordance with such regula-
tions £is the Secretary of the Army shall prescribe in order to— 
(1) protect the Garrison Dam and Reservoir, or 
PUBLIC LAW 98-602—OCT. 30, 1984 
98 STAT. 3153 
(2) carry out the purposes of the Garrison Dam and Reservoir 
Project. 
SEC. 204. (a) Nothing in this title shall deprive any person (other 
than the United States) of any right, interest, or claim which such 
person may have in any minerals prior to the enactment of this Act. 
(b) The United States may renew or extend any lease, license, 
permit, or contract with respect to any mineral interest describedl in 
section 202(a) after the date of enactment of this Act only if— 
(1) the governing body of the Three Affiliated Tribes of the 
Fort Berthold Reservation approves of such renewal or 
extension, or 
(2) the holder of such lease, license, or permit or a party to 
such contract (other than the United States) had the right to 
renew or extend such lease, license, permit, or contract prior 
to the date of enactment of this Act and such holder or party 
exercises such right of renewal or extension. 
(c) All rentals, royalties, and other payments with respect to smy 
mineral interest described in section 202(a) accruing to the United 
States after the date of enactment of this Act shall be held in trust 
by the United States for the benefit and use of the Three Affiliated 
Tribes of the Fort Berthold Reservation. 
SEC. 205. Public Law 87-695 is amended— 
76 Stat. 594. 
(1) by striking out "such former Indian land" and inserting in 
lieu thereof "such land", 
(2) by striking out "Subject" in the first sentence and insert-
ing in lieu thereof "That (a) subject", and 
(3) by adding at the end thereof the following new subsection: 
"Ob) Subsection (a) shall not apply with respect to any lands 
described in section 20203) of the Fort Berthold Reservation Mineral 
Restoration Act.". 
Ante, p. 3152. 
SEC. 206. (a) The Secretary of the Army and the Secretary of the 
Interior may enter into agreements for the transfer to the United 
States of anv land located near the Garrison Dam and Reservoir 
Project which is held in trust for the benefit of the Three Affiliated 
Tribes of the Fort Berthold Reservation or any individual Indian if 
such agreement is approved— 
(1) in the case of land held for the benefit of such tribes, by 
the governing body of such tribes, or 
(2) in the case of land held for the benefit of any individual 
Indian, by the individual or individuals holding a majority of 
the beneficial interest in such land. 
Any land transferred to the United States under the preceding 
sentence shall be treated as land acquired for the operation and 
maintenance of the Garrison Dam and Reservoir Project. 
(b) The Secretary of the Army and the Secretary of the Interior 
may enter into agreements under which any land within the 
exterior boundaries of the reservation acquired by the United States 
for the construction, maintenance, or operation of the Garrison Dam 
and Reservoir Project that is no longer needed for such purposes; is 
declared to be held by the United States in trust for the benefit of 
the Three Affiliated Tribes of the Fort Berthold Reservation. 
SEC. 207. The provisions of this title, and of any agreement 
entered into under section 206, shall not be taken into account 
under section 2 of title I of the Second Deficiency Appropriation Act, 
fiscal year 1935 (25 U.S.C. 475a) or section 2 of the Act of August 13, 
1946 (60 Stat. 1050) for purposes of determining any offset or 
25 USC 70 note. 
counterclaim. 
98 STAT. 3154 
PUBLIC LAW 98-602—OCT. 30, 1984 
SEC. 208. To the extent that there are net proceeds from the 
development of any mineral interests described in section 202(a) of 
this Act, in excess of $300,000 the Three Affiliated Tribes of the Fort 
Berthold Reservation shall reimburse the United States the fixed 
sum of $300,000 from such proceeds. This reimbursement shall be 
deemed full reimbursement for any and all payments from the 
United States that the Three Affiliated Tribes received for the 
mineral estate, or any portion thereof, described in section 202(a) of 
this Act. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—H.R. 6221 (S. 2824): 
HOUSE REPORT No. 98-1067 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 98-609 accompanying S. 2824 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Sept. 24, considered and passed House. 
Oct. 2, considered and passed Senate, amended. 
Oct 4, House concurred in Senate amendments.