Page:United States Statutes at Large Volume 114 Part 3.djvu/986

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114 STAT. 2008 PUBLIC LAW 106-462—NOV. 7, 2000 (II) taken into trust or restricted status by the United States for a Navajo Indian. (5) OWNER. —The term "owner" means, in the case of any interest in land described in paragraph (4)(B)(i), the beneficial owner of the interest. (6) SECRETARY.— The term "Secretary' means the Secretary of the Interior. (b) APPROVAL BY THE SECRETARY.— (1) IN GENERAL.— The Secretary may approve an oil or gas lease or agreement that affects individually owned Navajo Indian allotted land, if— (A) the owners of not less than the applicable percentage (determined under paragraph (2)) of the undivided interest in the Navajo Indian allotted land that is covered by the oil or gas lease or agreement consent in writing to the lease or agreement; and (B) the Secretary determines that approving the lease or agreement is in the best interest of the owners of the undivided interest in the Navajo Indian allotted land. (2) PERCENTAGE INTEREST.— The applicable percentage referred to in paragraph (1)(A) shall be determined as follows: (A) If there are 10 or fewer owners of the undivided interest in the Navajo Indian allotted land, the applicable percentage shall be 100 percent. (B) If there are more than 10 such owners, but fewer than 51 such owners, the applicable percentage shall be 80 percent. (C) If there are 51 or more such owners, the applicable percentage shall be 60 percent. (3) AUTHORITY OF SECRETARY TO SIGN LEASE OR AGREEMENT ON BEHALF OF CERTAIN OWNERS.— The Secretary may give written consent to an oil or gas lease or agreement under paragraph (1) on behalf of an individual Indian owner if— (A) the 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) EFFECT OF APPROVAL. — (A) APPLICATION TO ALL PARTIES.— (i) IN GENERAL.— Subject to subparagraph (B), an oil or gas lease or agreement approved by the Secretary under paragraph (1) shall be binding on the parties described in clause (ii), to the same extent as if all of the owners of the undivided interest in Navajo Indian allotted land covered under the lease or agreement consented to the lease or agreement. (ii) DESCRIPTION OF PARTIES. —The parties referred to in clause (i) are— (I) the owners of the undivided interest in the Navajo Indian allotted land covered under the lease or agreement referred to in clause (i); and (II) all other parties to the lease or agreement. (B) EFFECT ON INDL\N TRIBE.—I f—