25 U.S.C. § 2218 : US Code - Section 2218: Approval of leases, rights-of-way, and sales of natural resources

Search 25 U.S.C. § 2218 : US Code - Section 2218: Approval of leases, rights-of-way, and sales of natural resources

(a) Approval by the Secretary
(1) In general
Notwithstanding any other provision of law, the Secretary may
approve any lease or agreement that affects individually owned
allotted land or any other land held in trust or restricted
status by the Secretary on behalf of an Indian, if -
(A) the owners of not less than the applicable percentage
(determined under subsection (b) of this section) of the
undivided interest in the allotted land that is covered by the
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 allotted land.
(2) Rule of construction
Nothing in this section shall be construed to apply to leases
involving coal or uranium.
(3) Definition
In this section, the term "allotted land" includes any land
held in trust or restricted status by the Secretary on behalf of
one or more Indians.
(b) Applicable percentage
(1) Percentage interest
The applicable percentage referred to in subsection (a)(1) of
this section shall be determined as follows:
(A) If there are 5 or fewer owners of the undivided interest
in the allotted land, the applicable percentage shall be 90
percent.
(B) If there are more than 5 such owners, but fewer than 11
such owners, the applicable 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 2206 of this title as a result of the
Supreme Court's decision in Babbitt v. Youpee (117 S (!1) 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) of this section -
(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 (!1)
(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) of this section 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) of this
section 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.
(B) Application of lease
The lease or agreement described in subparagraph (A) shall
apply to the portion of the undivided interest in allotted land
described in such paragraph (including entitlement of the
Indian tribe to payment under the lease or agreement), and the
Indian tribe shall not be treated as being a party to the lease
or agreement. Nothing in this section (or in the lease or
agreement) shall be construed to affect the sovereignty of the
Indian tribe.
(e) Distribution of proceeds
(1) In general
The proceeds derived from a lease or agreement that is approved
by the Secretary under subsection (a) of this section shall be
distributed to all owners of undivided interest in the allotted
land covered under the lease or agreement.
(2) Determination of amounts distributed
The amount of the proceeds under paragraph (1) that are
distributed to each owner under that paragraph shall be
determined in accordance with the portion of the undivided
interest in the allotted land covered under the lease or
agreement that is owned by that owner.
(f) Rule of construction
Nothing in this section shall be construed to amend or modify the
provisions of Public Law 105-188 (25 U.S.C. 396 note), the American
Indian Agricultural Resources Management Act (25 U.S.C. 3701 et
seq.), title II of the Indian Land Consolidation Act Amendments of
2000, or any other Act that provides specific standards for the
percentage of ownership interest that must approve a lease or
agreement on a specified reservation.
(g) Other laws
Nothing in this chapter shall be construed to supersede, repeal,
or modify any general or specific statute authorizing the grant or
approval of any type of land use transaction involving fractional
interests in trust or restricted land.