A bill 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.
PL 105-188 (S.2069), enacted 07/07/1998

112 STAT. 620 
PUBLIC LAW 105-188-nJULY 7, 1998 
Public Law 105-188 
105th Congress 
An Act 
T 1 7 iQQfi 
'^^ permit the mineral leasing of Indian land located within the Fort Berthold 
?—l 
Indian Reservation in any case in which there is consent from a msgority interest 
[S. 2069] 
in the parcel of land imder consideration for lease. 
Be it enacted by the Senate and House of Representatives of 
North Dakota. 
the United States of America in Congress assembled, 
25 use 396 note. 
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 Res-
ervation 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 Sec-
retary of the Interior. 
(2) EFFECT OF APPROVAL BY SECRETARY OF THE INTERIOR.— 
(A) IN GENERAL.—^The Secretary may approve any min-
eral 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 cov-
ered 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 (includ-
ing any interest owned by an Indian tribe); and 
(ii) all other parties to the lease or agreement. 
PUBLIC LAW 105-188-JULY 7, 1998 
112 STAT. 621 
(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 deter-
mined; 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). 
Approved July 7, 1998. 
SLATT 
LEGISLATIVE HISTORY—S. 2069: 
SENATE REPORTS: No. 105-205 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
June 10, considered and passed Senate. 
June 24, considered and passed House.