25 USC 2218 - Approval of leases, rights-of-way, and sales of natural resources

U.S Code last checked for updates: Nov 25, 2024

§ 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 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

(3)

Definition

(b)

Applicable percentage

(1)

Percentage interest

The applicable percentage referred to in subsection (a)(1) 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

(B)

Rule of construction

(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 ¹

(d)

Effect of approval

(1)

Application to all parties

(A)

In general

(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

(B)

Application of lease

(e)

Distribution of proceeds

(1)

In general

(2)

Determination of amounts distributed

(f)

Rule of construction

(g)

Other laws

(Pub. L. 97–459, title II, § 219, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2004; amended Pub. L. 108–374, § 6(a)(10), (11), Oct. 27, 2004, 118 Stat. 1804.)

cite as: 25 USC 2218