Page:United States Statutes at Large Volume 114 Part 3.djvu/983

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


PUBLIC LAW 106-462—NOV. 7, 2000 114 STAT. 2005 "(B) If there are more than 5 such owners, but fewer than 11 such owners, the apphcable percentage shall be 80 percent. "(C) If there are more than 10 such owners, but fewer than 20 such owners, the applicable percentage shall be 60 percent. "(D) If there are 20 or more such owners, the applicable percentage shall be a majority of the interests in the allotted land. "(2) DETERMINATION OF OWNERS.— "(A) IN GENERAL,—For purposes of this subsection, in determining the number of owners of, and their interests in, the undivided interest in the allotted land with respect to a lease or agreement, the Secretary shall make such determination based on the records of the Department of the Interior that identify the owners of such lands and their interests and the number of owners of such land on the date on which the lease or agreement involved is submitted to the Secretary under this section. "(B) RULE OF coNSTRUCTiON.Nothing in subparagraph (A) shall be construed to authorize the Secretary to treat an Indian tribe as the owner of an interest in allotted land that did not escheat to the tribe pursuant to section 207 as a result of the Supreme Court's decision in Babbitt v. Youpee (117 S Ct. 727 (1997)). " (c) AUTHORITY OF SECRETARY TO SIGN LEASE OR AGREEMENT ON BEHALF OF CERTAIN OWNERS. —The Secretary may give written consent to a lease or agreement under subsection (a)— "(1) on behalf of the individual Indian owner if the owner is deceased and the heirs to, or devisees of, the interest of the deceased owner have not been determined; or "(2) on behalf of any heir or devisee referred to in paragraph (1) if the heir or devisee has been determined but cannot be located " (d) EFFECT OF APPROVAL. — " (1) APPLICATION TO ALL PARTIES.— "(A) IN GENERAL.—Subject to paragraph (2), a lease or agreement approved by the Secretary under subsection (a) shall be binding on the parties described in subparagraph (B), to the same extent as if all of the owners of the undivided interest in allotted land covered under the lease or agreement consented to the lease or agreement. "(B) DESCRIPTION OF PARTIES. —-The parties referred to in subparagraph (A) are— "(i) the owners of the undivided interest in the allotted land covered under the lease or agreement referred to in such subparagraph; and "(ii) all other parties to the lease or agreement. "(2) TRIBE NOT TREATED AS PARTY TO LEASE; NO EFFECT ON TRIBAL SOVEREIGNTY, IMMUNITY.— " (A) IN GENERAL. —Subparagraph (B) shall apply with respect to any undivided interest in allotted land held by the Secretary in trust for a tribe if a lease or agreement under subsection (a) is otherwise applicable to such undivided interest by reason of this section even though the Indian tribe did not consent to the lease or agreement.