25 U.S.C. § 2218 — Approval of leases, rights-of-way, and

Page 465 TITLE 25—INDIANS § 2218 1 So in original. Probably should be followed by a period. (2) the impact of the resulting reduction in the number of such fractional interests on the financial and realty recordkeeping systems of the Bureau of Indian Affairs. (b) Report The reports described in subsection (a) and section 2212(a) of this title shall contain findings as to whether the program under this chapter to acquire fractional interests in trust or re- stricted lands should be extended and whether such program should be altered to make re- sources available to Indian tribes and individual Indian landowners. (Pub. L. 97–459, title II, § 218, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2004.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title II of Pub. L. 97–459, to re- flect the probable intent of Congress. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. § 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 agree- ment that affects individually owned allotted land or any other land held in trust or re- stricted status by the Secretary on behalf of an Indian, if— (A) the owners of not less than the applica- ble percentage (determined under subsection (b)) of the undivided interest in the allotted land that is covered by the lease or agree- ment consent in writing to the lease or agreement; and (B) the Secretary determines that approv- ing the lease or agreement is in the best in- terest of the owners of the undivided inter- est 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’’ in- cludes any land held in trust or restricted sta- tus by the Secretary on behalf of one or more Indians. (b) Applicable percentage (1) Percentage interest The applicable percentage referred to in sub- section (a)(1) shall be determined as follows: (A) If there are 5 or fewer owners of the un- divided interest in the allotted land, the ap- plicable percentage shall be 90 percent. (B) If there are more than 5 such owners, but fewer than 11 such owners, the applica- ble percentage shall be 80 percent. (C) If there are more than 10 such owners, but fewer than 20 such owners, the applica- ble 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 deter- mining the number of owners of, and their interests in, the undivided interest in the al- lotted land with respect to a lease or agree- ment, the Secretary shall make such deter- mination based on the records of the Depart- ment 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 sec- tion. (B) Rule of construction Nothing in subparagraph (A) shall be con- strued 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 agree- ment 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 Subject to paragraph (2), a lease or agree- ment approved by the Secretary under sub- section (a) shall be binding on the parties de- scribed in subparagraph (B), to the same ex- tent 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 sub- paragraph; and (ii) all other parties to the lease or agreement. Page 466 TITLE 25—INDIANS § 2219 (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) is otherwise applicable to such undivided inter- est 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 sub- paragraph (A) shall apply to the portion of the undivided interest in allotted land de- scribed in such paragraph (including entitle- ment 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 con- strued to affect the sovereignty of the In- dian tribe. (e) Distribution of proceeds (1) In general The proceeds derived from a lease or agree- ment that is approved by the Secretary under subsection (a) shall be distributed to all own- ers 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 accord- ance 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 res- ervation. (g) Other laws Nothing in this chapter shall be construed to supersede, repeal, or modify any general or spe- cific statute authorizing the grant or approval of any type of land use transaction involving fractional interests in trust or restricted land. (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.) Editorial Notes REFERENCES IN TEXT The American Indian Agricultural Resources Man- agement Act, referred to in subsec. (f), probably means the American Indian Agricultural Resource Manage- ment Act, Pub. L. 103–177, Dec. 3, 1993, 107 Stat. 2011, as amended, which is classified generally to chapter 39 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables. The Indian Land Consolidation Act Amendments of 2000, referred to in subsec. (f), is Pub. L. 106–462, Nov. 7, 2000, 114 Stat. 1991. Title II of the Act enacted provi- sions classified as a note under section 396 of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under sec- tion 2201 of this title and Tables. This chapter, referred to in subsec. (g), was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title II of Pub. L. 97–459, to re- flect the probable intent of Congress. AMENDMENTS 2004—Subsec. (b)(1)(A). Pub. L. 108–374, § 6(a)(10), sub- stituted ‘‘90’’ for ‘‘100’’. Subsec. (g). Pub. L. 108–374, § 6(a)(11), added subsec. (g). § 2219. Application to Alaska (a) Findings Congress finds that— (1) numerous academic and governmental or- ganizations have studied the nature and ex- tent of fractionated ownership of Indian land outside of Alaska and have proposed solutions to this problem; and (2) despite these studies, there has not been a comparable effort to analyze the problem, if any, of fractionated ownership in Alaska. (b) Application of chapter to Alaska Except as provided in this section, this chap- ter shall not apply to land located within Alas- ka. (c) Rule of construction Nothing in this section shall be construed to constitute a ratification of any determination by any agency, instrumentality, or court of the United States that may support the assertion of tribal jurisdiction over allotment lands or inter- ests in such land in Alaska. (Pub. L. 97–459, title II, § 220, as added Pub. L. 106–462, title I, § 103(6), Nov. 7, 2000, 114 Stat. 2006.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, which was translated as reading ‘‘this title’’, meaning title II of Pub. L. 97–459, to re- flect the probable intent of Congress. § 2220. Owner-managed interests (a) Purpose The purpose of this section is to provide a means for the owner or co-owners of trust or re- stricted interests in a parcel of land to enter into surface leases of such parcel for certain purposes without approval of the Secretary. (b) Mineral interests Nothing in this section shall be construed to limit or otherwise affect the application of any Federal law requiring the Secretary to approve mineral leases or other agreements for the de- velopment of the mineral interest in trust or re- stricted land.