And now:Ish <[EMAIL PROTECTED]> writes: From: BIGMTLIST <[EMAIL PROTECTED]> Date: Fri, 16 Jul 1999 08:44:47 -0800 Subject: S.1315: Navajo Oil/Gas Rights >From BIGMTLIST The following is available from THOMAS at http://thomas.loc.gov/ by doing a search for s.1315. --------------------------- To permit the leasing of oil and gas rights on certain lands held in trust for the Navajo Nation or allotted to a member of the Navajo Nation, in any case in which there is consent... (Introduced in the Senate) S 1315 IS 106th CONGRESS 1st Session S. 1315 To permit the leasing of oil and gas rights on certain lands held in trust for the Navajo Nation or allotted to a member of the Navajo Nation, in any case in which there is consent from a specified percentage interest in the parcel of land under consideration for lease. IN THE SENATE OF THE UNITED STATES July 1, 1999 Mr. BINGAMAN (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To permit the leasing of oil and gas rights on certain lands held in trust for the Navajo Nation or allotted to a member of the Navajo Nation, in any case in which there is consent from a specified percentage interest in the parcel of land under consideration for lease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LEASES OF NAVAJO INDIAN ALLOTTED LANDS. (a) DEFINITIONS- In this section: (1) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) INDIVIDUALLY OWNED NAVAJO INDIAN ALLOTTED LAND- The term `individually owned Navajo Indian allotted land' means Navajo Indian allotted land that is owned in whole or in part by 1 or more individuals. (3) NAVAJO INDIAN- The term `Navajo Indian' means a member of the Navajo Nation. (4) NAVAJO INDIAN ALLOTTED LAND- The term `Navajo Indian allotted land' means a single parcel of land that-- (A) is located within the jurisdiction of the Navajo Nation; and (B)(i) is held in trust or restricted status by the United States for the benefit of Navajo Indians or members of another Indian tribe; and (ii) was-- (I) allotted to a Navajo Indian; or (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 INDIAN TRIBE- If-- (i) an Indian tribe is the owner of a portion of an undivided interest in Navajo Indian allotted land; and (ii) an oil or gas lease or agreement under paragraph (1) is otherwise applicable to such portion by reason of this subsection even though the Indian tribe did not consent to the lease or agreement, then the lease or agreement shall apply to such portion of the undivided interest (including entitlement of the Indian tribe to payment under the lease or agreement), but the Indian tribe shall not be treated as a party to the lease or agreement and nothing in this subsection (or in the lease or agreement) shall be construed to affect the sovereignty of the Indian tribe. (5) DISTRIBUTION OF PROCEEDS- (A) IN GENERAL- The proceeds derived from an oil or gas lease or agreement that is approved by the Secretary under paragraph (1) shall be distributed to all owners of the undivided interest in the Navajo Indian allotted land covered under the lease or agreement. (B) DETERMINATION OF AMOUNTS DISTRIBUTED- The amount of the proceeds under subparagraph (A) distributed to each owner under that subparagraph shall be determined in accordance with the portion of the undivided interest in the Navajo Indian allotted land covered under the lease or agreement that is owned by that owner. ******************************************** For Big Mountain and other activist internet resources, visit "The Activist Page" at http://www.theofficenet.com/~redorman/welcome.html Also, for great internet tools please visit: http://www.msw.com.au/cgi-bin/msw/entry?id=1271 ******************************************** Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ UPDATES: CAMP JUSTICE http://shell.webbernet.net/~ishgooda/oglala/ &&&&&&&&&&&&&&&&&&&&&&&&&&
