Defines "restricted property" as any right, title, or interest in real property owned by an Individual Indian that is subject to a Federally-imposed restriction against encumbrances expressly applicable to the property of enrollees and descendants of enrollees on the final 1906 Indian rolls of the Five Civilized Tribes, now known as the Five Nations: the Muscogee (Creek), Cherokee, Chickasaw, Choctaw, and Seminole. Defines the term "Individual Indian."
(Sec. 102) Establishes procedures for the use of proceeds from the conveyance or condemnation of restricted property to be used to purchase other restricted property.
(Sec. 103) Declares funds and securities derived from restricted property to be restricted.
(Sec. 104) Extends the period of restriction until Congress determines otherwise.
(Sec. 105) Sets forth provisions governing the removal of property restrictions. Permits the Secretary of the Interior to issue a certificate of restriction removal for restricted property owned by an Individual Indian, upon such Indian's request, absent a finding of fraud, undue influence, or if to do so does not run counter to such Indian's best interests. Requires the Secretary to notify annually each county in Oklahoma containing restricted property of property losing its restricted status.
(Sec. 106) States that lands from which restrictions are removed shall not be subject to prior claims, including mortgages and contracts for sale, unless expressly permitted by law.
(Sec. 107) Provides for the conversion of unrestricted fractional interests into restricted status.
Title II: Administrative Approval of Conveyances, Partitions, Leases, and Mortgages; Management of Mineral Interests - Grants the Secretary exclusive jurisdiction to approve conveyances and leases of restricted property by an Individual Indian, subject to certain sale/appraisal requirements. Excludes conveyances to family members and Individual Indian co-owners from these requirements.
(Sec. 203) Provides for the reimposition of restrictions on conveyances of property to Indian housing authorities upon request and evidence that the homebuyer's contract has been paid.
(Sec. 204) Grants the Secretary exclusive jurisdiction to partition property all of which is held in trust or restricted status in common ownership by more than one Individual Indian if all owners consent in writing and certain requirements are met. Permits the Secretary to negotiate for partition in kind or for sale of all or a portion of the property, as specified.
(Sec. 205) Permits an Individual Indian owner of restricted property to lease surface rights while permitting the Secretary to approve an agricultural lease or permit under the American Indian Agricultural Resource Management Act and the Indian Land Consolidated Act.
(Sec. 206) Requires the Secretary's approval of mineral leases which purport to convey or create any interest in restricted or trust property, based upon majority owner(s) consent and best interests of the owner(s). Permits such leases to be awarded through competitive bidding or negotiation, as specified. Requires a communitization agreement to drain oil or gas by a well within a spacing or drilling unit approved by the Oklahoma Corporation Commission (OCC) or 100 percent of revenues from such production will be paid to the Individual Indian owner.
(Sec. 207) Subjects restricted property to the oil and gas conservation laws of Oklahoma but requires the approval of the Secretary for any enforcement action by the OCC, including those against well operators. Requires the Secretary to implement the requirements of the Federal Oil and Gas Royalty Management Act of 1982 for specified, previously Secretary-approved oil and gas leases.
(Sec. 208) Permits an Individual Indian to mortgage restricted property, subject to the approval of the Secretary.
Title III: Probate, Heirship Determination, and Other Proceedings Affecting Title to Restricted Property - Grants the Secretary jurisdiction over actions affecting title to and use or disposition of trust or restricted property. States that the U.S. District Court in the State of Oklahoma and the courts of the State of Oklahoma shall have jurisdiction over actions affecting title to, or use or disposition of, trust property or restricted property only to the extent expressly authorized by this Act or by other Federal laws applicable to trust property or restricted property.
(Sec. 302) Confers exclusive jurisdiction on the Secretary, in accordance with the Indian Land Consolidation Act, to probate wills executed after the effective date of this Act, subject to cancellation for fraud. Prohibits jurisdiction over estate actions that are pending in the courts of the State of Oklahoma. Preempts State law concerning personal claims against the estate of a deceased Individual Indian or against trust or restricted property.
(Sec. 303) Grants jurisdiction over actions to cure title defects in restricted property to both State and Federal court in Oklahoma. Prohibits a cause of action for an interest in restricted property through adverse possession or the doctrine of laches except where the full 15 year limitations period has run before the effective date of this Act and other, specified requirements are met.
Retains to the Secretary the exclusive authority to determine the heirs of an Individual Indian decedent owning restricted property.
(Sec. 304) Permits actions for involuntary partition of property consisting of undivided restricted interests in either Federal or State court in Oklahoma. Requires the Secretary to report the appraised value to the court. Authorizes the disposition of such property if the court approves: (1) the election by any undivided interest owner to take the property at full appraised value; or (2) its sale at public auction for no less then two-thirds value. Requires proportionate payment of proceeds to nonconsenting owners of restricted interests.
(Sec. 305) Sets forth the requirements for actions to cure title defects and involuntary partitions, including the elective participation of the Secretary as a party, notice, and removal.
(Sec. 306) Continues the authority of Oklahoma State courts as a Federal instrumentality over pending restricted property cases, but allows the petitioner, personal representative, or State court to dismiss the action.
Title IV: Miscellaneous - Authorizes the Secretary to promulgate regulations to carry out this Act.
(Sec. 402) Sets forth procedures for clearing title to restricted property in Oklahoma arising under certain probate orders and conveyances of record, including oil and gas or mineral leases, if certain conditions and requirements are met and no notice of objections has been timely filed by the Secretary or any authorized person.
(Sec. 403) Repeals provisions in specified laws inconsistent with this Act.
(Sec. 404) Continues undiminished the trust responsibility of the United States over restricted property.
(Sec. 405) Sets forth the authority of Department of the Interior attorneys concerning the representation of the Secretary and the protection of restricted property.
(Sec. 406) Sets forth filing requirements for Secretarial orders or other decisions concerning restricted property for constructive notice purposes.
(Sec. 407) Requires the Secretary to identify designees for receipt of notices and other purposes.
(Sec. 408) States that the rights of Individual Indians under other Federal laws relating to trust property remain unchanged.
(Sec. 409) Makes this Act effective on January 1, 2003.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2880 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2880
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 12 (legislative day, September 11), 2001
Mr. Watkins of Oklahoma (for himself, Mr. Carson of Oklahoma, Mr.
Kildee, and Mr. Condit) 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''.
(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.
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. Validation of certain transactions; savings clause.
Sec. 403. Repeals.
Sec. 404. Secretarial trust responsibility.
Sec. 405. Representation by attorneys for the Department of the
Interior.
Sec. 406. Filing requirements; constructive notice.
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
descendant 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 the
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, conveyance, lease, mortgage, creation of liens, or
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, without
limitation, 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 but whose interest had not, as of
the effective date of this Act--
(A) been the subject of a final order determining
heirs by a State district court or a United States
district court;
(B) been conveyed by heirs by deed approved in
State district court; or
(C) been conveyed by heirs of less than one-half
degree of Indian blood with or without State district
court approval.
The term restricted property 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 or the designee of 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, conveyance, lease, mortgage, creation of liens, or 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, but
only 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, together with certification on said deed 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, conveyance,
lease, mortgage, creation of liens, or other encumbrances 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 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 is 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 by the
Secretary;
(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 an
Indian citizen), father, mother, son, daughter, brother
or sister, or other lineal descendant, 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 renewed 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 Secretary shall
exercise 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.
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, conveyance, lease, mortgage, creation of liens, or
other encumbrances 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 provided that all requirements
of Oklahoma law for acquiring title by adverse possession,
including the running of the full 15-year limitations period,
have been met prior to the effective date of this Act and the
procedures set forth in section 305 shall be followed;
provided, however, the claimant in any such action must show
by clear and convincing evidence that the limitations period had run in
full prior to the effective date of this Act.
(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. Provided, any grantee of an heir who, prior to the
effective date of this Act and in accordance with applicable Federal
laws, conveyed, leased, or otherwise encumbered his or her interest in
the restricted property of an unprobated estate of an Indian citizen
decedent shall have standing to request that the Secretary determine
the heirs of the decedent in order to establish marketable title in
said grantee. For purposes of this subsection the term grantee shall
include any grantee, lessee, or mortgagee of such heir and any
successors or assigns of such grantee.
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.--A nonconsenting Indian citizen owner of restricted
interests shall not be liable for any filing fees or costs of an action
under this section, including the cost of an appraisal, advertisement,
and sale, and no such costs shall be charged against such nonconsenting
owner's share of the proceeds of 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 pleadings
involved (as provided under such paragraph) shall be entered in
the district court of the United States and the defendants and
intervenors 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. VALIDATION OF CERTAIN TRANSACTIONS; SAVINGS CLAUSE.
(a) Validation of Certain Title Transactions.--Any person having
the legal capacity to own real property in the State of Oklahoma who
claims ownership of an interest in such property through an unbroken
chain of title of record, the title to which interest is or may be
defective as a result of any transaction described in paragraphs (1)
through (5) of this subsection that occurred in such chain of title,
may cure the defect in title and validate the transaction by following
the procedures of this section. When all conditions and requirements of
this section have been met, and if no notice of objection has been
timely filed by the Regional Director under subsection (c) or by any
other person under subsection (f), the transaction shall be validated
and shall not be considered a defect in the muniments of title but only
insofar as the defect is based on or arises from Federal statutes
applicable to the conveyance or inheritance of restricted property in
effect at the time of the transaction.
(1) Any probate order issued by a county court of the State
of Oklahoma prior to the effective date of the Act of June 14,
1918, 40 Stat. 606, purporting to probate the estate of a
deceased Indian citizen who died owning property which was
subject to restrictions against alienation pursuant to Federal
statutes in effect at the time of issuance of such probate
order;
(2) Any probate order issued by a county or district court
of the State of Oklahoma more than 30 years prior to the
effective date of this Act purporting to probate the estate of
a deceased Indian citizen who died owning property which was
subject to restrictions against alienation pursuant to Federal
law in effect at the time of issuance of such probate order,
where notice was not given as required by Federal statutes in
effect at the time;
(3) Any conveyance of record, including an oil and gas or
mineral lease, of an interest in individual trust property or
property which was subject to restrictions against alienation
pursuant to Federal statutes in effect at the time of the
conveyance executed by a person who was an heir or purported
heir of the decedent, if such conveyance was approved by a
county or district court in Oklahoma more than 30 years before
the effective date of this Act but where no judicial or
administrative order of record was issued before or after such
approval finding that such person was in fact the heir to the
interest conveyed;
(4) Any conveyance of record, including an oil and gas or
mineral lease, of individual trust property or property which
was subject to restrictions against alienation pursuant to
Federal statutes in effect at the time of the conveyance that
was approved by a county or district court in Oklahoma or by
the Secretary more than 30 years before the effective date of
this Act, where--
(A) approval was not in compliance with the notice
requirements of Federal statutes governing the
conveyance of said individual trust property or said
restricted property; or
(B) approval was given by a county or district
court in Oklahoma of a conveyance of the property by a
personal representative in a probate action over which said county or
district court possessed jurisdiction, without compliance with Federal
statutes governing the conveyance of the property in effect at the time
of the conveyance;
(5) Any conveyance of record, including an oil and gas or
mineral lease, of individual trust property or property which
was subject to restrictions against alienation pursuant to
Federal statutes in effect at the time of the conveyance that
was approved by a county or district court in Oklahoma or by
the Secretary at any time before the effective date of this
Act, where--
(A) approval was given by the Secretary where the
Federal statutes governing the conveyance of the
property required approval by a county or district
court in Oklahoma; or
(B) approval was given by a county or district
court in Oklahoma where the Federal statutes governing
the conveyance of the property in effect at the time of
the conveyance required approval of the Secretary.
(b) Notice of Claim; Service and Recording.--Any claimant described
in subsection (a) must serve written notice of his or her claim by
certified mail, return receipt requested, on the Regional Director, and
file the notice of claim, together with a copy of the return receipt
showing delivery to the office of the Regional Director, in the office
of county clerk in the county or counties wherein the property is
located. The notice shall not be complete for the purposes of this
section until it has been served on the Regional Director and filed of
record as herein provided. The notice of claim shall set forth the
following:
(1) The claimant's name and mailing address.
(2) An accurate and full description of all property
affected by such notice, which description -shall be set forth
in particular terms and not be general inclusions; but if said
claim is founded upon a recorded instrument, then the
description in such notice may be the same as that contained in
such recorded instrument.
(3) A specific reference to or description of each title
transaction in the chain of title that the claimant is
attempting to validate pursuant to this section.
(4) A list of all documents of record that are part of the
claimant's unbroken chain of title, copies of which documents
shall be served with the notice.
(c) Response Deadline; Extension.--The Regional Director shall have
60 days from date of receipt of the notice of claim in which to notify
the claimant in writing that the Regional Director exercises
discretionary authority to object to the claim for any reason;
provided, the Regional Director shall be entitled to an automatic
extension of time of 60 days in which to object to the claim upon the
Regional Director's service of written notice of extension on the
claimant within the initial 60-day response period.
(d) Notice of Objection; Remedies.--The Regional Director shall
send the notice of objection and any notice of extension of time to the
claimant by certified mail to the address set forth in the claimant's
notice to the Director. The Director's notice of objection or notice of
extension of time shall include a description of the property and shall
be effective on the date of mailing. The Director shall file the notice
of objection or notice of extension of time in the office of the county
clerk for the county or counties wherein the property is located within
30 days after the date of mailing of the notice to the claimant. If the
Regional Director notifies the claimant that the Regional Director
objects to the claim, such decision shall be final for the Department
and the claimant's sole remedies shall be to file an action to cure
title defects pursuant to section 303 of this Act or to request a
determination of heirs in accordance with section 302 of this Act.
(e) Undisputed Claim.--If, in the exercise of discretion, the
Regional Director does not object to the claim, then the Regional
Director may notify the claimant that the matter is not in dispute.
Failure of the Regional Director to notify the claimant of the Regional
Director's objection within the initial 60-day period, or within the
60-day extension period if notice of an extension was given, shall
constitute acceptance of the claim. If the Director does not file an
objection to the claim of record within the time required by subsection
(d), the title transaction described in the claimant's notice shall be
deemed validated and shall not be considered a defect in the muniments
of the claimant's title based on or arising from Federal statutes
governing the conveyance of restricted property in effect at the time
of the transaction, provided that no written notice of objection is
timely filed by other parties in accordance with subsection (f) of this
section.
(f) Notice of Objection by Other Parties to Applicability of This
Section.--Any person claiming ownership of an interest in property the
record title to which includes a title transaction described in
subsection (a) of this section may prevent the application of
subsections (a) through (e) to said interest by filing for record in
the office of the county clerk for the county or counties wherein the
property in question is located, no later than 3 years after the
effective date of this Act, a written notice of objection in the form
of a declaration made under oath setting forth the following:
(1) The declarant's name and mailing address.
(2) An accurate and full description of all of the
declarant's property interests to be affected by such notice,
which description shall be set forth in particular terms and
not be general inclusions; but if said declarant's claim to
ownership is founded upon a recorded instrument, then the
description in such notice may be the same as that contained in
such recorded instrument.
(3) A statement that the declarant claims in good faith to
be the owner of an interest in the property described in the
notice and that the declarant objects to the operation of this
section with respect to any title transaction that would
otherwise be subject to validation under this section.
(g) Interests of Heirs of Less Than Half-Blood.--Nothing in this
Act shall be construed to invalidate--
(1) any conveyance of record, including a surface, oil and
gas, or mineral lease, of an interest in property made prior
to the effective date of this Act by an heir of a deceased Indian
citizen without district court approval where such heir was of less
than one-half degree of Indian blood, even though the property was held
in restricted status immediately prior to the decedent Indian citizen's
death; or
(2) any other encumbrance that attached prior to the
effective date of this Act to an interest in property of an
heir of a deceased Indian citizen where such heir was of less
than one-half degree of Indian blood, even though the property
was held in restricted status immediately prior to the decedent
Indian citizen's death.
(h) Terms.--For purposes of this section:
(1) A person shall be deemed to have an unbroken chain of
title when the official public records, including probate and
other official public records, as well as records in the county
clerk's office, disclose a conveyance or other title
transaction of record not less than 30 years prior to the
effective date of this Act, which said conveyance or other
title transaction purports to create such interest, either in--
(A) the person claiming such interest; or
(B) some other person from whom, by 1 or more
conveyances or other title transactions of record, such
purported interest has become vested in the person
claiming such interest; with nothing appearing of
record, in either case, purporting to divest such
claimant of such purported interest.
(2) The term recording, when applied to the official public
records of any officer or court, includes filing with the
officer or court.
SEC. 403. 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''.
(C) Section 1 of the Act of October 22, 1970 (84
Stat. 1091), is amended by striking the last sentence.
SEC. 404. 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. 405. 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.
SEC. 406. FILING REQUIREMENTS; CONSTRUCTIVE NOTICE.
The following orders or other decision documents which concern
restricted property and are issued after the effective date of this Act
by the Secretary, by an administrative law judge, or by any other
authorized person pursuant to authority of this Act shall be filed in
the Regional Office and in the office of the county clerk in the county
where such restricted property is located: any order or other decision
document removing restrictions, imposing restrictions, approving
conveyances, approving leases, approving voluntary partitions,
approving mortgages, probating wills or determining heirs, and any
notice issued by the Regional Director pursuant to section 402 of this
Act. The filing of said documents at the Regional Office shall
constitute constructive notice to the public of the effect of said
documents filed. The Secretary shall have authority to certify the
authenticity of copies of such documents and title examiners shall be
entitled to rely on said authenticated copies for the purpose of
determining marketability of title to the property described therein.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Resources. H. Rept. 107-499.
Reported (Amended) by the Committee on Resources. H. Rept. 107-499.
Placed on the Union Calendar, Calendar No. 299.
Mr. Hansen moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3401-3410)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2880.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3401-3408)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3401-3408)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held.
Committee on Indian Affairs. Ordered to be reported without amendment favorably.