Continues such restrictions with respect to restricted property upon the acquisition of such property by an Indian citizen by, among other things, inheritance, exchange, election to take at partition, or purchase.
(Sec. 103) Extends the period of restriction against encumbrances of restricted property and funds belonging to Indian citizens, subject to provisions of this Act that permit the removal of restrictions, until an Act of Congress determines otherwise.
(Sec. 104) Authorizes an Indian citizen who owns restricted property to apply to the Secretary of the Interior for an order removing restrictions on any interest in such property held by such citizen.
(Sec. 105) Applies to restricted property provisions of existing law that provide exemptions from prior claims and make unrestricted lands subject to taxation.
(Sec. 106) Authorizes the Secretary, upon application by an Indian citizen owner of an undivided unrestricted interest in property which contains a portion of restricted interests, to convert an unrestricted interest into restricted status if all of the interests in the property are owned by Indian citizens as tenants in common.
Title II: Administrative Approval of Conveyances, Partitions, Leases, and Mortgages; Management of Mineral Interests - Grants the Secretary of the Interior exclusive jurisdiction to approve: (1) conveyances and leases of restricted property by an Indian citizen; and (2) the partition of property located within the last treaty boundaries of one or more of the Five Nations, all of which is held in common by more than one Indian citizen owner, under certain circumstances. Requires approval of mineral leases purporting to convey or create any interest in restricted or trust property by the Secretary.
(Sec. 202) Establishes procedures for the conveyance of restricted property by Indian citizens.
(Sec. 203) Requires the Secretary, in cases where restrictions have been removed from property for purposes of allowing conveyances of property to Indian housing authorities to enable the building of homes for owners or relatives of owners of restricted property, to issue a Certificate of Restricted Status imposing restrictions upon request by the Indian citizen homebuyer. Grants homebuyers who acquired ownership of such property prior to this Act's effective date three years from such date to request such a certificate.
(Sec. 205) Authorizes the surface of restricted property to be leased by an Indian citizen pursuant to specified law, but allows the Secretary to approve any agricultural lease or permit with respect to such property in accordance with the American Indian Agricultural Resource Management Act.
(Sec. 207) Applies the oil and gas conservation laws of the State of Oklahoma to restricted property.
(Sec. 208) Permits an Indian citizen to mortgage restricted property only in accordance with applicable Federal law.
(Sec. 209) Validates all conveyances of restricted and trust property made after the effective date of the Oklahoma Indian Welfare Act and prior to this Act's effective date unless such a conveyance is determined by a court of competent jurisdiction to be invalid upon grounds other than authority to approve, sufficiency of approval, or lack of approval.
Title III: Probate, Heirship Determination, and Other Judicial Proceedings - Prohibits the courts of the State of Oklahoma from having jurisdiction over actions affecting title to, or use or disposition of, trust or restricted property except as authorized by Federal law. Grants the Secretary, acting through an Administrative Law Judge or other designated official, exclusive jurisdiction to probate wills or determine heirs of Indian citizens and to adjudicate estate actions to the extent that they involve individual or restricted property. Applies the laws of descent and distribution of the State of Oklahoma to all such property in the estates of Indian citizens who died intestate prior to this Act's effective date. Sets forth provisions regarding the validity of wills executed prior to, and after, this Act's effective date. Applies Federal law governing personal claims against a deceased Indian citizen or trust or restricted property to all such property in the estate of such citizen.
(Sec. 303) Requires the Federal district courts in Oklahoma and the State courts of Oklahoma, subject to certain requirements, to retain jurisdiction over actions: (1) seeking to cure defects affecting the marketability of title to restricted property; and (2) for the involuntary partition of property consisting of undivided restricted interests.
(Sec. 306) Continues State authority to exercise authority as a Federal instrumentality over all actions involving restricted property that are pending on this Act's effective date until the issuance of a final judgment and exhaustion of all appeals or until dismissal of the action in accordance with State law.
Title IV: Miscellaneous - Repeals provisions of specified laws pertaining to the Five Nations.
Requires the Secretary to submit to Congress a list of other provisions of law that expressly reference property of the Five Nations or Five Nations' citizens, or are of general applicability with respect to the property of Indian tribes and of individual Indians, and are in conflict with this Act.
(Sec. 404) Sets forth authorities of Department of the Interior attorneys with respect to actions involving restricted property.
Title V: Water Basin Commission - Requires a compact among the State of Oklahoma, the Choctaw Nation of Oklahoma, and the Chickasaw Nation to establish a State-tribal commission for purposes of administering and distributing benefits and net revenues from the sale of water within the respective basin to the Nations and local public entities.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5308 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5308
To amend laws relating to the lands of the citizens of the Muscogee
(Creek), Seminole, Cherokee, Chickasaw and Choctaw Nations,
historically referred to as the Five Civilized Tribes, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2000
Mr. Watkins introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend laws relating to the lands of the citizens of the Muscogee
(Creek), Seminole, Cherokee, Chickasaw and Choctaw Nations,
historically referred to as the Five Civilized Tribes, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Five Nations
Citizens Land Reform Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS
Sec. 101. Restrictions on real property.
Sec. 102. Reinvestment of proceeds from condemnation or conveyance of
restricted property.
Sec. 103. Restricted funds.
Sec. 104. Period of restrictions.
Sec. 105. Removal of restrictions.
Sec. 106. Exemptions from prior claims.
Sec. 107. Fractional interests.
TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES,
AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS
Sec. 201. Approval authority for conveyances and leases.
Sec. 202. Approval of conveyances.
Sec. 203. Reimposition of restrictions on conveyances of property to
Indian housing authorities.
Sec. 204. Administrative partition.
Sec. 205. Surface leases.
Sec. 206. Mineral leases.
Sec. 207. Management of mineral interests.
Sec. 208. Mortgages.
Sec. 209. Validation of prior conveyances.
TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER JUDICIAL
PROCEEDINGS
Sec. 301. Actions affecting restricted property.
Sec. 302. Heirship determinations and probates.
Sec. 303. Actions to cure title defects.
Sec. 304. Involuntary partitions.
Sec. 305. Requirements for actions to cure title defects and
involuntary partitions.
Sec. 306. Pending State proceedings.
TITLE IV--MISCELLANEOUS
Sec. 401. Regulations.
Sec. 402. Repeals.
Sec. 403. Secretarial trust responsibility.
Sec. 404. Representation by attorneys for the Department of the
Interior.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1970, Federal Indian policy has focused on Indian
self-determination and economic self-sufficiency. The exercise
of Federal instrumentality jurisdiction by the Oklahoma State
courts over the Indian property that is subject to Federal
restrictions against alienation belonging to members of the
Five Nations is inconsistent with that policy.
(2) It is a goal of Congress to recognize the Indian land
base as an integral part of the culture and heritage of Indian
citizens.
(3) The exercise of Federal instrumentality jurisdiction by
the courts of the State of Oklahoma over conveyances and
inheritance of restricted property belonging to Indian citizens
of the Five Nations--
(A) is costly, confusing, and cumbersome, and
effectively prevents any meaningful Indian estate
planning, and unduly complicates the probating of
Indian estates and other legal proceedings relating to
Indian citizens and their lands; and
(B) has impeded the self-determination and economic
self-sufficiency of Indian citizens within the exterior
boundaries of the Five Nations.
SEC. 3. PURPOSE.
(a) In General.--It is the purpose of this Act to--
(1) correct the disparate Federal treatment of individual
allotted lands of Indian citizens of the Five Nations that
resulted from prior Federal legislation by equalizing the
Federal legislative treatment of restricted and trust lands;
(2) eliminate unnecessary legal and bureaucratic obstacles
that impede the highest and best use of restricted property
belonging to Indian citizens of the Five Nations;
(3) provide for an efficient process for the administrative
review and approval of conveyances, voluntary partitions, and
leases, and to provide for Federal administrative proceedings
in testate and intestate probate and other cases that involve
the restricted property of Indian citizens, which concern the
rights of Indian citizens to hold and acquire such property in
restricted and trust status; and
(4) transfer to the Secretary the Federal instrumentality
jurisdiction of the Oklahoma State courts together with other
authority currently exercised by such courts over the
conveyance, devise, inheritance, lease, encumbrance, and
partition under certain circumstances of restricted property
belonging to Indian citizens of the Five Nations.
(b) Rule of Construction.--Nothing in this Act shall be construed
to limit or affect the rights of Indian citizens under other Federal
laws relating to the acquisition and status of trust property,
including without limitation, the Act of June 18, 1934 (25 U.S.C. 461
et seq.) (commonly known as the Indian Reorganization Act), the Act of
June 26, 1936 (25 U.S.C. 501 et seq.) (commonly known as the Oklahoma
Indian Welfare Act), the Indian Land Consolidation Act (25 U.S.C. 2201
et seq.), and regulations relating to the Secretary's authority to
acquire lands in trust for Indians and Indian tribes.
SEC. 4. DEFINITIONS.
In this Act:
(1) Five nations.--The term ``Five Nations'' means the
Cherokee Nation, the Chickasaw Nation, the Choctaw Nation of
Oklahoma, the Seminole Nation of Oklahoma, and the Muscogee
(Creek) Nation, collectively, which are historically referred
to as the ``Five Civilized Tribes''.
(2) Indian citizen.--The term ``Indian citizen'' means a
member or citizen of one of the individual Five Nations
referred to in paragraph (1), or an individual who is a lineal
descendent by blood of an Indian ancestor enrolled on the final
Indian rolls of the Five Civilized Tribes closed in 1906.
(3) Indian country.--The term ``Indian country'' has the
meaning given that term in section 1151 of title 18, United
States Code, which includes restricted property and trust
property (as such terms are defined in this Act).
(4) Indian nation.--The term ``Indian Nation'' means one of
the individual Five Nations referred to in paragraph (1).
(5) Regional office.--The term ``Regional Office'' means
the Eastern Oklahoma Regional Office of the Bureau of Indian
Affairs, or any successor office within the Department of
Interior.
(6) Restricted property.--The term ``restricted property''
means any right, title or interest in real property owned by an
Indian citizen that is subject to a restriction against
alienation, lease, mortgage, and other encumbrances imposed by
this Act and other laws of the United States expressly
applicable to the property of enrollees and lineal descendants
of enrollees on the final Indian rolls of the Five Civilized
Tribes in 1906, and includes those interests in property that
were subject to a restriction against alienation imposed by the
United States on the ownership of an Indian citizen who died
prior to the effective date of this Act (subject to valid
existing rights) but whose interest had not, as of the
effective date of this Act, been the subject of a final order
determining heirs by a State district court or a United States
District Court, or been conveyed by putative heirs by deed
approved in State district court, except that such term shall
not include Indian trust allotments made pursuant to the
General Allotment Act (25 U.S.C. 331 et seq.) or any other
trust property.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Trust property.--The term ``trust property'' means
Indian property, title to which is held in trust by the United
States for the benefit of an Indian citizen or an Indian
Nation.
TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS
SEC. 101. RESTRICTIONS ON REAL PROPERTY.
(a) Application.--Beginning on the effective date of this Act, all
restricted property shall be subject to restrictions against
alienation, lease, mortgage, and other encumbrances, regardless of the
degree of Indian blood of the Indian citizen who owns such property.
(b) Continuation.--
(1) In general.--The restrictions made applicable under
subsection (a) shall continue with respect to restricted
property upon the acquisition of such property by an Indian
citizen by inheritance, devise, gift, or exchange.
(2) With waiver.--The restrictions made applicable under
subsection (a) shall continue with respect to restricted
property upon the acquisition of such property by an Indian
citizen by election to take at partition or by purchase if--
(A) prior to the execution of the deed transferring
such restricted property, the Indian citizen who owned
such property prior to such election to take or
purchase executes a written waiver of his or her right
to acquire other property in restricted status pursuant
to section 102; and
(B) such restrictions appear in the deed
transferring such property to the Indian citizen
electing to take at partition or purchasing such
property, with certification by the Secretary that the
requirements of this paragraph have been met.
SEC. 102. REINVESTMENT OF PROCEEDS FROM CONDEMNATION OR CONVEYANCE OF
RESTRICTED PROPERTY.
(a) Requirement.--Upon the conveyance of the restricted property of
an Indian citizen pursuant to this Act, or upon the conveyance or
condemnation of such property pursuant to section 3 of the Act of March
3, 1901 (25 U.S.C. 357) or other Federal laws generally applicable to
the condemnation of Indian trust or restricted property, to any
individual, corporation, or other entity, any proceeds from such
conveyance or condemnation shall be used to purchase from a willing
seller other property designated by such Indian citizen, and such
designated property shall be restricted property within the meaning of
this Act if--
(1) such proceeds were deposited into a segregated account
in a trust fund under the supervision of the Secretary at the
request of the Indian citizen;
(2) such Indian citizen provides a written request to the
Secretary for payment of all or a portion of such proceeds for
purchase of property to be held in restricted status;
(3) such Indian citizen has not executed a written waiver
of his or her right to acquire other property in restricted
status pursuant to section 101; and
(4) such restrictions appear in the conveyance to the
Indian citizen with certification by the Secretary that the
requirements of this section have been met.
(b) Fair Market Value in Excess of Proceeds.--If the fair market
value of any property designated under subsection (a) exceeds the
amount of proceeds that are derived from the conveyance or condemnation
involved, a specific tract of land within the property shall be
designated by the Indian citizen for placement in restricted status.
The size of the restricted tract of land so designated shall be in the
same proportion to the whole of the property as the proceeds derived
from the conveyance or condemnation bears to the fair market value of
the whole of the property. Such restrictions shall appear on the face
of the deed with certification by the Secretary describing that portion
of the property which is subject to restrictions and certifying that
the requirements of this section have been met.
SEC. 103. RESTRICTED FUNDS.
(a) In General.--All funds and securities held or supervised by the
Secretary derived from restricted property or individual Indian trust
property on or after the effective date of this Act, including proceeds
from any conveyance or condemnation as provided for in section 102, are
declared to be restricted and shall remain subject to the jurisdiction
of the Secretary until or unless otherwise provided for by Federal law.
(b) Use of Funds.--Funds, securities, and proceeds described in
subsection (a) may be released or expended by the Secretary for the use
and benefit of the Indian citizens to whom such funds, securities, and
proceeds belong, as provided for by Federal law.
SEC. 104. PERIOD OF RESTRICTIONS.
Subject to the provisions of this Act that permit restrictions to
be removed, the period of restriction against alienation, lease,
mortgage, or other encumbrance of restricted property and funds
belonging to Indian citizens, is hereby extended until an Act of
Congress determines otherwise.
SEC. 105. REMOVAL OF RESTRICTIONS.
(a) Procedure.--
(1) Application.--An Indian citizen who owns restricted
property, or the legal guardian of a minor Indian citizen or an
Indian citizen who has been determined to be legally
incompetent by a court of competent jurisdiction (including a
tribal court), may apply to the Secretary for an order removing
restrictions on any interest in restricted property held by
such Indian citizen.
(2) Consideration of application.--An application under
paragraph (1) shall be considered by the Secretary only as to
the tract, tracts, or severed mineral or surface interest
described in the application. Not later than 90 days after the
date on which an application is submitted, the Secretary shall
either issue the removal order or disapprove of the
application.
(3) Disapproval.--The Secretary shall disapprove an
application under paragraph (1) if--
(A) in the Secretary's judgment, the applicant has
been subjected to fraud, undue influence or duress by a
third party; or
(B) the Secretary determines it is otherwise not in
the Indian citizen owner's best interest.
(b) Removal of Restrictions.--When an order to remove restrictions
becomes effective under subsection (a), the Secretary shall issue a
certificate describing the property and stating that the Federal
restrictions have been removed.
(c) Submission of List.--Prior to or on April 1 of each year, the
Secretary shall cause to be filed with the county treasurer of each
county in the State of Oklahoma where restricted property is situated,
a list of restricted property that has lost its restricted status
during the preceding calendar year through acquisition of ownership by
an individual or entity who is not an Indian citizen or by removal of
restrictions pursuant to this section.
(d) Rule of Construction.--Nothing in this section shall be
construed to--
(1) abrogate valid existing rights to property that is
subject to an order to remove restrictions under this section;
and
(2) remove restrictions on any other restricted property
owned by the applicant.
SEC. 106. EXEMPTIONS FROM PRIOR CLAIMS.
Sections 4 and 5 of the Act of May 27, 1908 (35 Stat. 312, chapter
199) shall apply to all restricted property.
SEC. 107. FRACTIONAL INTERESTS.
Upon application by an Indian citizen owner of an undivided
unrestricted interest in property of which a portion of the interests
in such property are restricted as of the effective date of this Act,
the Secretary is authorized to convert that unrestricted interest into
restricted status if all of the interests in the property are owned by
Indian citizens as tenants in common as of the date of the application
under this section.
TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES,
AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS
SEC. 201. APPROVAL AUTHORITY FOR CONVEYANCES AND LEASES.
The Secretary shall have exclusive jurisdiction to approve
conveyances and leases of restricted property by an Indian citizen or
by any guardian or conservator of any Indian citizen who is a ward in
any guardianship or conservatorship proceeding pending in any court of
competent jurisdiction, except that petitions for such approvals that
are filed in Oklahoma district courts prior to the effective date of
this Act may be heard and approved by such courts pursuant to the
procedures described in section 1 of the Act of August 4, 1947 (61
Stat. 731, chapter 458), as in effect on the day before the effective
date of this Act, if the Indian citizen does not revoke in writing his
or her consent to the conveyance or lease prior to final court
approval.
SEC. 202. APPROVAL OF CONVEYANCES.
(a) Procedure.--
(1) In general.--Except as provided in subsection (b),
restricted property may be conveyed by an Indian citizen
pursuant to the procedures described in this subsection.
(2) Requirements.--An Indian citizen may only convey
restricted property--
(A) after the property is appraised;
(B) for an amount that is not less than 90 percent
of the appraised value of the property;
(C) to the highest bidder through the submission to
the Secretary of closed, silent bids or negotiated
bids; and
(D) upon the approval of the Secretary.
(b) Exception.--
(1) In general.--Notwithstanding subsection (a)(2), an
Indian citizen may convey his or her restricted property, or
any portion thereof, to any of the individuals or entities
described in paragraph (2) without soliciting bids, providing
notice, or for consideration which is less than the appraised
value of the property, if the Secretary determines that the
conveyance is not contrary to the best interests of the Indian
citizen and that the Indian citizen has been duly informed of
and understands the fair market appraisal, and is not being
coerced into the conveyance.
(2) Individuals and entities.--An individual or entity
described in this paragraph is--
(A) the Indian citizen's spouse (if he or she is
and Indian citizen), father, mother, son, daughter,
brother or sister, or other lineal descendent, aunt or
uncle, cousin, niece or nephew, or Indian co-owner; or
(B) the Indian Nation whose last treaty boundaries
encompassed the restricted property involved so long as
the appraisal of the property was conducted by an
independent appraiser not subject to the Indian
Nation's control.
(c) Status.--Restricted property that is acquired by an Indian
Nation whose last treaty boundaries encompassed the restricted property
shall continue to be Indian country. Upon application by the Indian
Nation, the Secretary shall accept title to such property in trust by
the United States for the benefit of the Indian Nation, except that the
Secretary may first require elimination of any existing liens or other
encumbrances in order to comply with applicable Federal title
standards. The Secretary shall accept title to the property in trust
for the Indian Nation only if, after conducting a survey for hazardous
substances, he determines that there is no evidence of such substances
on the property.
SEC. 203. REIMPOSITION OF RESTRICTIONS ON CONVEYANCES OF PROPERTY TO
INDIAN HOUSING AUTHORITIES.
(a) In General.--In any case where the restrictions have been
removed from restricted property for the purpose of allowing
conveyances of the property to Indian housing authorities to enable
such authorities to build homes for individual owners or relatives of
owners of restricted property, the Secretary shall issue a Certificate
of Restricted Status describing the property and imposing restrictions
thereon upon written request by the Indian citizen homebuyer or a
successor Indian citizen homebuyer. Such request shall include evidence
satisfactory to the Secretary that the homebuyer's contract has been
paid in full and be delivered to the Regional Office not later than 3
years after the housing authority conveys such property back to the
original Indian citizen homebuyer or a successor Indian citizen
homebuyer who is a citizen of the Nation whose last treaty boundaries
encompass the property where the home is located.
(b) Existing Liens.--Prior to issuing a certificate under
subsection (a) with respect to property, the Secretary may require the
elimination of any existing liens or other encumbrances which would
substantially interfere with the use of the property.
(c) Application to Certain Homebuyers.--Indian citizen homebuyers
described in subsection (a) who acquired ownership of property prior to
the effective date of this Act shall have 3 years from such effective
date to request that the Secretary issue a certificate under such
subsection.
(d) Rule of Construction.--Nothing in this Act shall be construed
to limit or affect the rights of Indian citizens described in this
section under other Federal laws and regulations relating to the
acquisition and status of trust property.
SEC. 204. ADMINISTRATIVE PARTITION.
(a) Jurisdiction.--Except as provided in section 304, the Secretary
shall have exclusive jurisdiction to approve the partition of property
located within the last treaty boundaries of 1 or more of the Five
Nations, all of which is held in common, in trust or in restricted
status, by more than 1 Indian citizen owner, if the requirements of
this section are complied with. The Secretary may approve the voluntary
partition of property consisting of both restricted and unrestricted
undivided interests if all owners of the unrestricted interests consent
to such approval in writing.
(b) Partition Without Application.--If the Secretary determines
that any property described in subsection (a) is capable of partition
in kind to the advantage of the owners, the Secretary may initiate
partition of the property by--
(1) notifying the owners of such determination;
(2) providing the owners with a partition plan for such
property; and
(3) affording the owners a reasonable time to respond,
object, or consent to the proposal, in accordance with
subsection (d).
(c) Application for Partition.--
(1) In general.--An owner or owners of an undivided
interest in any property described in subsection (a) may make
written application, on a form approved by the Secretary, for
the partition of their trust or restricted property.
(2) Determination.--If, based on an application submitted
under paragraph (1), the Secretary determines that the property
involved is susceptible to partition in kind, the Secretary
shall initiate partition of the property by--
(A) notifying the owners of such determination;
(B) providing the owners with a partition plan; and
(C) affording the owners a reasonable time to
respond, object or consent in accordance with
subsection (d).
(d) Partition Procedures.--
(1) Proposed land division plan.--The Secretary shall give
applicants under subsection (c) and nonpetitioning owners of
property subject to partition under this section with a
reasonable opportunity to negotiate a proposed land division
plan for the purpose of securing ownership of a tract on the
property equivalent to their respective interests in the
undivided estate, prior to taking any action related to
partition of the property under this section.
(2) Approval.--If a plan under paragraph (1) is approved
by--
(A) Indian citizen owners of more than 50 percent
of the property which is entirely in trust status (as
distinguished from restricted status) and if the
Secretary finds the plan to be reasonable, fair and
equitable, the Secretary shall issue an order
partitioning the trust property in kind; or
(B) the Indian citizens who own more than 50
percent of the undivided interests which are held in
restricted status (as distinguished from trust status)
and if the Secretary finds the plan to be reasonable,
fair and equitable, the Secretary may attempt to
negotiate for partition in kind or for sale of all or a
portion of the property, and secure deeds from all
interest owners, subject to the Secretary's approval.
(3) Limitation.--No partition under paragraph (2)(B) shall
be effected unless all of the owners have consented to the plan
in writing.
SEC. 205. SURFACE LEASES.
The surface of restricted property may be leased by an Indian
citizen pursuant to the Act of August 9, 1955 (25 U.S.C. 415 et seq.),
except that the Secretary may approve any agricultural lease or permit
with respect to restricted property in accordance with the provisions
of section 105 of the American Indian Agricultural Resource Management
Act (25 U.S.C. 3715).
SEC. 206. MINERAL LEASES.
(a) Approval.--
(1) General rule.--No mineral lease or agreement purporting
to convey or create any interest in restricted or trust
property that is entered into or reentered into after the
effective date of this Act shall be valid unless approved by
the Secretary.
(2) Requirements.--The Secretary may approve a mineral
lease or agreement described in paragraph (1) only if--
(A) the owners of a majority of the undivided
interest in the restricted or trust mineral estate that
is the subject of the mineral lease or agreement
(including any interest covered by a lease or agreement
executed by the Secretary under subsection (c)) consent
to the lease or agreement;
(B) the Secretary determines that approving the
lease or agreement is in the best interest of the
Indian citizen owners of the restricted or trust
mineral interests; and
(C) the Secretary has accepted the highest bid for
such lease or agreement after a competitive bidding
process has been conducted by the Secretary, unless the
Secretary has determined that it is in the best
interest of the Indian citizen to award a lease made by
negotiation, and the Indian citizen so consents.
(b) Effect of Approval.--Upon the approval of a mineral lease or
agreement by the Secretary under subsection (a), the lease or agreement
shall be binding upon all owners of the restricted or trust undivided
interests subject to the lease or agreement (including any interest
owned by an Indian tribe) and all other parties to the lease or
agreement, to the same extent as if all of the Indian citizen owners of
the restricted or trust mineral interests involved had consented to the
lease or agreement.
(c) Execution of Lease or Agreement by Secretary.--The Secretary
may execute a mineral lease or agreement that affects restricted or
trust property interests on behalf of an Indian citizen owner if that
owner is deceased and the heirs to, or devisees of, the interest of the
deceased owner have not been determined, or if the heirs or devisees
have been determined but one or more of the heirs or devisees cannot be
located.
(d) Distribution of Proceeds.--The proceeds derived from a mineral
lease or agreement approved by the Secretary under subsection (a) shall
be distributed in accordance with the interest held by each owner
pursuant to such rules and regulations as may be promulgated by the
Secretary.
(e) Communitization Agreements.--No unleased restricted or trust
property located within a spacing and drilling unit approved by the
Oklahoma Corporation Commission may be drained of any oil or gas by a
well within such unit without a communitization agreement prepared and
approved by the Secretary, except that in the event of any such
drainage without a communitization agreement approved by the Secretary,
100 percent of all revenues derived from the production from any such
restricted or trust property shall be paid to the Indian citizen owner
free of all lifting and other production costs.
SEC. 207. MANAGEMENT OF MINERAL INTERESTS.
(a) Oil and Gas Conservation Laws.--
(1) In general.--The oil and gas conservation laws of the
State of Oklahoma shall apply to restricted property.
(2) Enforcement.--The Oklahoma Corporation Commission shall
have the authority to perform ministerial functions related to
the enforcement of the laws referred to in paragraph (1),
including enforcement actions against well operators, except
that no order of the Corporation Commission affecting
restricted Indian property shall be valid as to such property
until such order is submitted to and approved by the Secretary.
(3) Rule of construction.--Nothing in this subsection shall
be construed to limit the authority of the Indian Nations to
protect the environment and natural resources of restricted
property.
(b) Implementation of Federal Oil and Gas Royalty Management Act.--
Beginning on the effective date of this Act, the Regional Office shall
assume all the duties and responsibilities of the Secretary under the
Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702 et
seq.) with respect to an oil and gas lease where--
(1) the Secretary has approved the oil and gas lease
pursuant to section 206(a);
(2) the Secretary has, prior to the effective date of this
Act, approved the oil and gas lease pursuant to the Act of May
27, 1908 (35 Stat. 312, chapter 199); or
(3) the Secretary has, before the effective date of this
Act, approved an oil and gas lease of lands of any of the Five
Nations pursuant to the Act of May 11, 1938 (25 U.S.C. 396a et
seq.).
SEC. 208. MORTGAGES.
An Indian citizen may mortgage restricted property only in
accordance with and under the authority of the Act of March 29, 1956
(25 U.S.C. 483a), or other Federal laws applicable to the mortgaging of
individual Indian trust property or restricted property.
SEC. 209. VALIDATION OF PRIOR CONVEYANCES.
All conveyances, including oil and gas or mineral leases, of
restricted property and trust property made after the effective date of
the Act of June 26, 1936 (25 U.S.C. 501 et seq.) (commonly known as the
Oklahoma Indian Welfare Act) and prior to the effective date of this
Act, that were approved by a county or district court in Oklahoma are
hereby validated and confirmed, unless such conveyance is determined by
a court of competent jurisdiction to be invalid upon grounds other than
authority to approve, sufficiency of approval, or lack of approval
thereof.
TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER JUDICIAL
PROCEEDINGS
SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.
The courts of the State of Oklahoma shall not have jurisdiction
over actions affecting title to, or use or disposition of, trust
property or restricted property except as authorized by this Act or by
other Federal laws applicable to trust property or restricted property.
SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.
(a) Jurisdiction.--Except as provided in section 306, the Secretary
shall have exclusive jurisdiction, acting through an Administrative Law
Judge or other official designated by the Secretary, to probate wills
or otherwise determine heirs of deceased Indian citizens and to
adjudicate all such estate actions to the extent that they involve
individual trust property, restricted property, or restricted or trust
funds or securities held or supervised by the Secretary derived from
such property.
(b) Governing Laws.--Notwithstanding any other provision of law,
the Administrative Law Judge or other official designated by the
Secretary shall exercise the Secretary's jurisdiction and authority
under this section in accordance with the Indian Land Consolidation Act
(25 U.S.C. 2201 et seq.) and such rules and regulations which
heretofore have been, or will be, prescribed by the Secretary for the
probate of wills, determination of heirs, and distribution of property
in estates of Indian decedents, subject to the following requirements:
(1) Law applicable to estates of indian citizen decedents
who died prior to effective date.--The Administrative Law Judge
or other official designated by the Secretary shall apply the
laws of descent and distribution of the State of Oklahoma
contained in title 84 of the Oklahoma Statutes, chapter 4, to
all restricted property, trust property, and all restricted or
trust funds or securities derived from such property in the
estates of deceased Indian citizens who died intestate prior to
the effective date of this Act.
(2) Law applicable to wills executed prior to effective
date.--The Administrative Law Judge or other official
designated by the Secretary shall determine the validity and
effect of wills as to estates containing trust property or
restricted property when such wills were executed by Indian
citizens prior to the effective date of this Act, in accordance
with the laws of the State of Oklahoma governing the validity
and effect of wills, provided that the will of a full-blood
Indian citizen which disinherits the parent, wife, spouse, or
children of such citizen shall not be valid with respect to the
disposition of restricted property unless the requirements of
section 23 of the Act of April 26, 1906 (34 Stat. 137, chapter
1876), as in effect on the day before the effective date of
this Act, are met.
(3) Law applicable to wills executed after effective
date.--
(A) In general.--Any Indian citizen who has
attained age 18 and owns restricted property or trust
property shall have the right to dispose of such
property by will, executed on or after the effective
date of this Act in accordance with regulations which
heretofore have been, or will be, prescribed by the
Secretary for the probate of wills, provided--
(i) no will so executed shall be valid or
have any force or effect unless and until such
will has been approved by the Secretary; and
(ii) that the Secretary may approve or
disapprove such will either before or after the
death of the Indian citizen testator.
(B) Fraud.--In any case where a will has been
approved by the Secretary under subparagraph (A) and it
is subsequently discovered that there was fraud in
connection with the execution or procurement of the
will, the Secretary is authorized, within 1 year after
the death of the testator, to cancel approval of the
will. If an approval is canceled in accordance with the
preceding sentence, the property purported to be
disposed of in the will shall descend or be distributed
in accordance with the Secretary's rules and
regulations applicable to estates of Indian decedents
who die intestate.
(4) Federal law controls.--Notwithstanding any other
provision of this section, Federal law governing personal
claims against a deceased Indian citizen or against trust
property or restricted property, including the restrictions
imposed by this Act or other applicable Federal law against the
alienation, lease, mortgage, or other encumbrance of trust property or
restricted property shall apply to all such property contained in the
estate of the deceased Indian citizen.
SEC. 303. ACTIONS TO CURE TITLE DEFECTS.
(a) Jurisdiction.--Except as provided in subsections (b) and (c),
the United States district courts in the State of Oklahoma and the
State courts of Oklahoma shall retain jurisdiction over actions seeking
to cure defects affecting the marketability of title to restricted
property, except that all such actions shall be subject to the
requirements of section 305.
(b) Adverse Possession.--No cause of action may be brought to claim
title to or an interest in restricted property by adverse possession or
the doctrine of laches on or after the effective date of this Act,
except that--
(1) all such causes that are pending on the effective date
of this Act in accordance with the provisions of section 3 of
the Act of April 12, 1926 (44 Stat. 239, chapter 115) shall be
subject to section 306; and
(2) an action to quiet title to an interest in restricted
property on the basis of adverse possession may be filed in the
courts of the State of Oklahoma not later than 2 years after
the effective date of this Act if the 15-year period for
acquiring title by adverse possession has run in full prior to
the effective date of this Act and the procedures set forth in
section 305 shall be followed.
(c) Heirship Determinations and Dispositions.--Nothing in this
section shall be construed to authorize a determination of heirs in a
quiet title action in Federal or State court in derogation of the
Secretary's exclusive jurisdiction to probate wills or otherwise
determine heirs of the deceased Indian citizens owning restricted
property and to adjudicate all such estate actions involving restricted
property pursuant to section 302, or in derogation of the Secretary's
exclusive jurisdiction over the disposition of restricted property
under this Act.
SEC. 304. INVOLUNTARY PARTITIONS.
(a) Jurisdiction.--The United States district courts in the State
of Oklahoma and the State courts of Oklahoma shall retain jurisdiction
over actions for the involuntary partition of property consisting
entirely or partially of undivided restricted interests, subject to the
provisions of subsections (b) through (e) and the requirements in
section 306.
(b) Applicable Law.--The laws of the State of Oklahoma governing
the partition of property shall be applicable to all actions for
involuntary partition under this section, except to the extent that any
such laws are in conflict with any provisions of this Act.
(c) Petition: Consent of Owners of Majority of Undivided
Interests.--Any person who owns an undivided interest in a tract of
property described in subsection (a) may file an action in the district
court of the State of Oklahoma for the county wherein the tract is
located for the involuntary partition of such tract. The court shall
not grant the petition unless the owner or owners of more than 50
percent of the tract consent to the partition in the verified petition
or verified answer filed in the action.
(d) Payment to Nonconsenting Owners of Restricted Interests.--
Nonconsenting owners of undivided restricted interests shall receive
for the sale of such interests their proportionate share of the greater
of--
(1) the proceeds paid at the partition sale; or
(2) an amount equal to 100 percent of the appraised value
of the tract.
(e) Costs.--The petitioning party in an action under this section
shall pay the filing fees and all other costs of the action, including
the cost of an appraisal, advertisement, and sale.
SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE TITLE DEFECTS AND
INVOLUNTARY PARTITIONS.
(a) In General.--All actions authorized by sections 303 and 304
shall be conducted in accordance with the requirements and procedures
described in this section.
(b) Parties.--
(1) United states.--The United States shall not be a
necessary and indispensable party to an action authorized under
section 303 or 304. The Secretary may participate as a party in
any such action.
(2) Participation of secretary.--If the Secretary elects to
participate in an action as provided for under paragraph (1),
the responsive pleading of the Secretary shall be made not
later than 20 days after the Secretary receives the notice
required under subsection (c), or within such extended time as
the trial court in its discretion may permit.
(3) Judgment binding.--After the appearance of the
Secretary in any action described in paragraph (1), or after
the expiration of the time in which the Secretary is authorized
to respond under paragraph (2), the proceedings and judgment in
such action shall be binding on the United States and the
parties upon whom service has been made and shall affect the
title to the restricted property which is the subject of the
action, in the same manner and extent as though nonrestricted
property were involved.
(4) Rule of construction.--Nothing in this section shall be
construed to waive the requirement of service of summons in
accordance with applicable Federal or State law upon the
individual Indian citizen landowners, who shall be necessary
and indispensable parties to all actions authorized by sections
303 and 304.
(c) Notice.--
(1) In general.--The plaintiff in any action authorized by
sections 303 and 304 shall serve written notice of the filing
of such action and of a petition or complaint, or any amended
petition or complaint which substantially changes the nature of
the action or includes a new cause of action, upon the Director
of the Regional Office not later than 10 days after the filing
of any such petition or complaint or any such amended petition
or complaint.
(2) Filing with clerk.--A duplicate original of any notice
served under paragraph (1) shall be filed with the clerk of the
court in which the action is pending.
(3) Requirements.--The notice required under paragraph (1)
shall--
(A) be accompanied by a certified copy of all
pleadings on file in the action at the time of the
filing of the duplicate original notice with the clerk
under paragraph (2);
(B) be signed by the plaintiff to the action or his
or her counsel of record; and
(C) be served by certified mail, return receipt
requested, and due return of service made thereon,
showing date of receipt and service of notice.
(4) Failure to serve.--If the notice required under
paragraph (1) is not served within the time required under such
paragraph, or if return of service thereof is not made within
the time permitted by law for the return of service of summons,
alias notices may be provided until service and return of
notice is made, except that in the event that service of the
notice required under such paragraph is not made within 60 days
following the filing of the petition or complaint or amendments
thereof, the action shall be dismissed without prejudice.
(5) Limitation.--In no event shall the United States or the
parties named in a notice filed under paragraph (1) be bound,
or title to the restricted property be affected, unless written
notice is served upon the Director as required under this
subsection.
(d) Removal.--
(1) In general.--The United States shall have the right to
remove any action to which this section applies that is pending
in a State court to the United States district court by filing
with the State court, not later than 20 days after the service
of any notice with respect to such action under subsection (c),
or within such extended period of time as the trial court in
its discretion may permit, a notice of the removal of such
action to such United States district court, together with the
certified copy of the pleadings in such action as served on the
Director of the Regional Office under subsection (c).
(2) Duty of state court.--It shall be the duty of a State
court to accept a notice filed under paragraph (1) and cease
all proceedings with respect to such action.
(3) Pleadings.--Not later than 20 days after the filing of
a notice under paragraph (1), the copy of the pleading involved
(as provided under such paragraph) shall be entered in the
district court of the United States and the defendants and
interveners in such action shall, not later than 20 days after
the pleadings are so entered, file a responsive pleading to the
complaint in such action.
(4) Proceedings.--Upon the submission of the filings
required under paragraph (3), the action shall proceed in the
same manner as if it had been originally commenced in the
district court, and its judgment may be reviewed by certiorari,
appeal, or writ of error in like manner as if the action had
been originally brought in such district court.
SEC. 306. PENDING STATE PROCEEDINGS.
The courts of the State of Oklahoma shall continue to exercise
authority as a Federal instrumentality over all heirship, probate,
partition, and other actions involving restricted property that are
pending on the effective date of this Act until the issuance of a final
judgment and exhaustion of all appeal rights in any such action, or
until the petitioner, personal representative, or the State court
dismisses the action in accordance with State law.
TITLE IV--MISCELLANEOUS
SEC. 401. REGULATIONS.
The Secretary may promulgate such regulations as may be necessary
to carry out this Act, except that failure to promulgate such
regulations shall not limit or delay the effect of this Act.
SEC. 402. REPEALS.
(a) In General.--The following provisions are repealed:
(1) The Act of August 11, 1955 (69 Stat. 666, chapter 786).
(2) Section 2 of the Act of August 12, 1953 (67 Stat. 558,
chapter 409).
(3) Sections 1 through 5 and 7 through 13 of the Act of
August 4, 1947 (61 Stat. 731, chapter 458).
(4) The Act of February 11, 1936 (25 U.S.C. 393a).
(5) The Act of January 27, 1933 (47 Stat. 777, chapter 23).
(6) Sections 1, 2, 4, and 5 of the Act of May 10, 1928 (45
Stat. 495, chapter 517).
(7) The Act of April 12, 1926 (44 Stat. 239, chapter 115).
(8) Sections 1 and 2 of the Act of June 14, 1918 (25 U.S.C.
375 and 355).
(9) Sections 1 through 3 and 6 through 12 of the Act of May
27, 1908 (35 Stat. 312, chapter 199).
(10) Section 23 of the Act of April 26, 1906 (34 Stat. 137,
chapter 1876).
(b) Other Acts.--
(1) In general.--Not later than 6 months after the
effective date of this Act, the Secretary shall prepare and
submit to Congress a list of other provisions of law that--
(A) expressly reference property of the Five
Nations or of Five Nations' citizens and that are in
conflict with the provisions of this Act; or
(B) are of general applicability with respect to
the property of Indian tribes and of individual Indians
and that are in conflict with this Act.
(2) Technical amendments.--
(A) Section 28 of the Act of April 26, 1906 (34
Stat. 137, chapter 1876) is amended--
(i) by striking the first proviso; and
(ii) by striking ``Provided further'' and
inserting ``Provided''.
(B) Section 6(c) of the Act of August 4, 1947 (61
Stat. 733, chapter 458) is amended in the first
sentence by striking ``of one-half or more Indian
blood''.
SEC. 403. SECRETARIAL TRUST RESPONSIBILITY.
Nothing in this Act shall be construed to waive, modify, or
diminish in any way the trust responsibility of the United States over
restricted property.
SEC. 404. REPRESENTATION BY ATTORNEYS FOR THE DEPARTMENT OF THE
INTERIOR.
Attorneys of the Department of the Interior may--
(1) represent the Secretary in any actions filed in the
State courts of Oklahoma involving restricted property;
(2) when acting as counsel for the Secretary, provide
information to all Indian citizens owning restricted property
(and to private counsel for such citizens, if any) regarding
their legal rights with respect to the restricted property
owned by such citizens;
(3) at the request of any Indian citizen owning restricted
property, take such action as may be necessary to cancel or
annul any deed, conveyance, mortgage, lease, contract to sell,
power of attorney, or any other encumbrance of any kind or
character, made or attempted to be made or executed in
violation of this Act or any other Federal law, and take such
action as may be necessary to assist such Indian citizen in
obtaining clear title, acquiring possession, and retaining
possession of restricted property; and
(4) in carrying out paragraph (3), refer proposed actions
to be filed in the name of the United States in a district
court of the United States to the United States Attorney for
that district, and provide assistance in an of-counsel capacity
in those actions that the United States Attorney elects to
prosecute.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Mr. Calvert moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H9969-9975)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5308.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H9969-9974)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H9969-9974)
Motion to reconsider laid on the table Agreed to without objection.
CORRECTION OF ENGROSSMENT - Mr. Walden of Oregon asked unanimous consent that in the engrossment of the bill H.R. 5308, the Clerk be authorized to insert corrections that had been placed at the desk. Agreed to without objection. (text of amendment: CR H10069)
Received in the Senate.
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