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 under 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 USC 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 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.
�
