Text: S.2069 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-188 (07/07/1998)

 
[105th Congress Public Law 188]
[From the U.S. Government Printing Office]


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[DOCID: f:publ188.105]


[[Page 112 STAT. 620]]

Public Law 105-188
105th Congress

                                 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. <<NOTE: July 7, 1998 -  [S. 2069]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: North Dakota.>> 
SECTION 1.  <<NOTE: 25 USC 396 note.>> 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.

[[Page 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 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).

    Approved July 7, 1998.

LEGISLATIVE HISTORY--S. 2069:
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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.

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