[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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