Page:United States Statutes at Large Volume 107 Part 3.djvu/79

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PUBLIC LAW 103-177—DEC. 3, 1993 107 STAT. 2017 (c) IMPLEMENTATION. —Within one year after the date of enact- Reports. ment of this Act, the Secretary shall provide the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate with a status report on the development of the comparative analysis required by this section and shall file a final report with the Congress not later than 18 months after the date of enactment of this Act. SEC. 105. LEASING OF INIIIAN AGRICULTURAL LANDS. 25 USC 3715. (a) AUTHORITY OF THE SECRETARY.— The Secretary is authorized to— (1) approve any agricultural lease or permit with (A) a tenure of up to 10 years, or (B) a tenure longer than 10 years but not to exceed 25 years unless authorized by other Federal law, when such longer tenure is determined by the Secretary to be in the best interest of the Indian landowners and when such lease or permit requires substantial investment in the development of the lands or crops by the lessee; and (2) lease or permit agricultural lands to the highest responsible bidder at rates less than the Federal appraisal after satisfactorily advertising such lands for lease, when, in the opinion of the Secretary, such action would be in the best interest of the Indian landowner. (b) AUTHORITY OF THE TRIBE. — When authorized by an appropriate tribal resolution establishing a general policy for leasing of Indian agricultural lands, the Secretary— (1) shall provide a preference to Indian operators in the issuance and renewal of agricultural leases and permits so long as the lessor receives fair market value for his property; (2) shall waive or modify the requirement that a lessee post a surety or performance bond on agricultural leases and permits issued by the Secretary; (3) shall provide for posting of other collateral or security in lieu of surety or other bonds; and (4) when such tribal resolution sets forth a tribal definition of what constitutes "highly fractionated undivided heirship lands" and adopts an alternative plan for providing notice to \ owners, may waive or modify any general notice requirement of Federal law and proceed to negotiate and lease or permit such highly fractionated undivided interest heirship lands in conformity with tribal law in order to prevent waste, reduce idle land acreage, and ensure income. (c) RIGHTS OF INDIVIDUAL LANDOWNERS.—(1) Nothing in this section shall be construed as limiting or altering the authority or right of an individual allottee in the legal or beneficial use of his or her own land or to enter into an agricultural lease of the surface interest of his or her allotment under any other provision of law. (2)(A) The owners of a majority interest in any trust or restricted land are authorized to enter into an agricultural lease of the surface interest of a trust or restricted allotment, and such lease shall be binding upon the owners of the minority interests in such land if the terms of the lease provide such minority interests with not less than fair market value for such land.