[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1586 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1586

  To reduce the fractionated ownership of Indian lands, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 1999

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To reduce the fractionated ownership of Indian lands, 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.

    This Act may be cited as the ``Indian Land Consolidation Act 
Amendments of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in the 1800's and early 1900's, the United States 
        sought to assimilate Indian people into the surrounding non-
        Indian culture by allotting tribal lands to individual members 
        of Indian tribes;
            (2) many trust allotments were taken out of trust status 
        and sold by their Indian owners;
            (3) the trust periods for trust allotments have been 
        extended indefinitely;
            (4) because of the inheritance provisions in the original 
        treaties or allotment Acts, the ownership of many of the trust 
        allotments that have remained in trust status has become 
        fractionated into hundreds or thousands of interests, many of 
        which represent 2 percent or less of the total interests;
            (5) Congress has authorized the acquisition of lands in 
        trust for individual Indians, and many of those lands have also 
        become fractionated by subsequent inheritance;
            (6) the acquisitions referred to in paragraph (5) continue 
        to be made;
            (7) the fractional interests described in this section 
        provide little or no return to the beneficial owners of those 
        interests and the administrative costs borne by the United 
        States for those interests are inordinate;
            (8) substantial numbers of fractional interests of 2 
        percent or less of a total interest in trust or restricted 
        lands have escheated to Indian tribes under section 207 of the 
        Indian Land Consolidation Act (25 U.S.C. 2206), which was 
        enacted in 1983;
            (9) in Babbit v. Youpee (117 S Ct. 727 (1997)), the United 
        States Supreme Court found that the application of section 207 
        of the Indian Land Consolidation Act to the facts presented in 
        that case to be unconstitutional;
            (10) in the absence of remedial legislation, the number of 
        the fractional interests will continue to grow; and
            (11) the problem of the fractionation of Indian lands 
        described in this section is the result of a policy of the 
        Federal Government, cannot be solved by Indian tribes, and 
        requires a solution under Federal law.

SEC. 3. DECLARATION OF POLICY.

    It is the policy of the United States--
            (1) to prevent the further fractionation of trust 
        allotments made to Indians;
            (2) to consolidate fractional interests and ownership of 
        those interests into usable parcels;
            (3) to consolidate fractional interests in a manner that 
        enhances tribal sovereignty; and
            (4) to promote tribal self-sufficiency and self-
        determination.

SEC. 4. AMENDMENTS TO THE INDIAN LAND CONSOLIDATION ACT.

    (a) In General.--The Indian Land Consolidation Act (25 U.S.C. 2201 
et seq.) is amended--
            (1) in section 202--
                    (A) in paragraph (1), by striking ``(1) `tribe''' 
                and inserting ``(1) `Indian tribe' or `tribe''';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2)`Indian' means any person who is a member of an Indian 
        tribe or is eligible to become a member of an Indian tribe at 
        the time of the distribution of the assets of a decedent's 
        estate;'';
                    (C) by striking ``and'' at the end of paragraph 
                (3);
                    (D) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(5) `heirs of the first or second degree' means parents, 
        children, grandchildren, grandparents, brothers and sisters of 
        a decedent.'';
            (2) by amending section 203 to read as follows:

``SEC. 203. OTHER APPLICABLE PROVISIONS.

    ``(a) In General.--Subject to subsection (b), sections 5 and 7 of 
the Act of June 18, 1934 (commonly known as the `Indian Reorganization 
Act') (48 Stat. 985 et seq., chapter 576; 25 U.S.C. 465 and 467) shall 
apply to all Indian tribes, notwithstanding section 18 of that Act (25 
U.S.C. 478).
    ``(b) Rule of Construction.--Nothing in this section is intended to 
supersede any other provision of Federal law which authorizes, 
prohibits, or restricts the acquisition of land or the creation of 
reservations for Indians with respect to any specific Indian tribe, 
reservation, or State.'';
            (3) in section 205--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``Any Indian'' and 
                        inserting ``(a) In General.--Subject to 
                        subsection (b), any Indian'';
                            (ii) by striking ``per centum of the 
                        undivided interest in such tract'' and 
                        inserting ``percent of the individual interests 
                        in such tract. Interests owned by an Indian 
                        tribe in a tract may be included in the 
                        computation of the percentage of ownership of 
                        the undivided interests in that tract for 
                        purposes of determining whether the consent 
requirement under the preceding sentence has been met.'';
                            (iii) by striking ``: Provided, That--''; 
                        and inserting the following:
    ``(b) Conditions Applicable to Purchase.--Subsection (a) applies on 
the conditions that--'';
                    (B) in paragraph (2)--
                            (i) by striking ``If,'' and inserting 
                        ``if''; and
                            (ii) by adding ``and'' at the end; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) the approval of the Secretary shall be required for a 
        land sale initiated under this section, except that such 
        approval shall not be required with respect to a land sale 
        transaction initiated by an Indian tribe that has in effect a 
        land consolidation plan that has been approved by the Secretary 
        under section 204.'';
            (4) by striking section 206 and inserting the following:

``SEC. 206. DESCENT AND DISTRIBUTION OF TRUST OR RESTRICTED LANDS; 
              TRIBAL ORDINANCE BARRING NONMEMBERS OF AN INDIAN TRIBE 
              FROM INHERITANCE BY DEVISE OR DESCENT.

    ``(a) Tribal Probate Codes.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, any Indian tribe may adopt a tribal probate code to govern 
        descent and distribution of trust or restricted lands that 
        are--
                    ``(A) located within that Indian tribe's 
                reservation; or
                    ``(B) otherwise subject to the jurisdiction of that 
                Indian tribe.
            ``(2) Codes.--A tribal probate code referred to in 
        paragraph (1) may provide that, notwithstanding section 207, 
        only members of the Indian tribe shall be entitled to receive 
        by devise or descent any interest in trust or restricted lands 
        within that Indian tribe's reservation or otherwise subject to 
        that Indian tribe's jurisdiction.
    ``(b) Secretarial Approval.--
            ``(1) In general.--Any tribal probate code enacted under 
        subsection (a), and any amendment to such a tribal probate 
        code, shall be subject to the approval of the Secretary.
            ``(2) Review and approval.--
                    ``(A) In general.--Each Indian tribe that adopts a 
                tribal probate code under subsection (a) shall submit 
                that code to the Secretary for review. Not later than 
                180 days after a tribal probate code is submitted to 
                the Secretary under this paragraph, the Secretary shall 
                review and approve or disapprove that tribal probate 
                code.
                    ``(B) Consequence of failures to approve or 
                disapprove a tribal probate code.--If the Secretary 
                fails to approve or disapprove a tribal probate code 
                submitted for review under subparagraph (A) by the date 
                specified in that subparagraph, the tribal probate code 
                shall be deemed to have been approved by the Secretary, 
                but only to the extent that the tribal probate code is 
                consistent with Federal law.
                    ``(C) Consistency of tribal probate code with this 
                act.--The Secretary may not approve a tribal probate 
                code under this paragraph unless the Secretary 
                determines that the tribal probate code is consistent 
                with this Act.
                    ``(D) Explanation.--If the Secretary disapproves a 
                tribal probate code under this paragraph, the Secretary 
                shall include in a notice of the disapproval to the 
                Indian tribe a written explanation of the reasons for 
                the disapproval.
                    ``(E) Amendments.--
                            ``(i) In general.--Each Indian tribe that 
                        amends a tribal probate code under this 
                        paragraph shall submit the amendment to the 
                        Secretary for review and approval. Not later 
                        than 60 days after receiving an amendment under 
                        this subparagraph, the Secretary shall review 
                        and approve or disapprove the amendment.
                            ``(ii) Consequence of failure to approve or 
                        disapprove an amendment.--If the Secretary 
                        fails to approve or disapprove an amendment 
                        submitted under clause (i), the amendment shall 
                        be deemed to have been approved by the 
                        Secretary, but only to the extent that the 
                        amendment is consistent with Federal law.
            ``(3) Effective dates.--A tribal probate code or amendment 
        approved under paragraph (2) shall become effective on the 
        later of--
                    ``(A) the date specified in section 207(e)(1); or
                    ``(B) 180 days after the date of approval.
            ``(4) Limitations.--
                    ``(A) Tribal probate codes.--Each tribal probate 
                code enacted under subsection (a) shall apply only to 
                the estate of a decedent who dies on or after the 
                effective date of the tribal probate code.
                    ``(B) Amendments to tribal probate codes.--With 
                respect to an amendment to a tribal probate code 
                referred to in subparagraph (A), that amendment shall 
                apply only to the estate of a descendant who dies on or 
                after the effective date of the amendment.
            ``(5) Repeals.--The repeal of a tribal probate code shall--
                    ``(A) not become effective earlier than the date 
                that is 180 days after the Secretary receives notice of 
                the repeal; and
                    ``(B) apply only to the estate of a decedent who 
                dies on or after the effective date of the repeal.
    ``(c) Use of Proposed Findings by Tribal Justice Systems.--
            ``(1) Tribal justice system defined.--In this subsection, 
        the term `tribal justice system' has the meaning given that 
        term in section 3 of the Indian Tribal Justice Act (25 U.S.C. 
        3602).
            ``(2) Regulations.--The Secretary shall promulgate 
        regulations concerning the use of proposed findings of fact and 
        conclusions of law, as rendered by a tribal justice system, in 
        the adjudication of probate proceedings by the Department of 
        the Interior.
    ``(d) Life Estates for Non-Indian Spouses and Children Who Would 
Otherwise Be Precluded From Inheriting By Reason of the Operation of a 
Tribal Probate Code.--
            ``(1) In general.--Paragraph (2) shall apply with respect 
        to a non-Indian spouse or child of an Indian decedent, if that 
        decedent is subject to a tribal probate code that has been 
        approved by the Secretary (or deemed approved) under subsection 
        (b) and--
                    ``(A) dies intestate; and
                    ``(B) has devised an interest in trust or 
                restricted lands to that non-Indian spouse or child, 
                which the spouse or child is otherwise prohibited from 
                inheriting by reason of that tribal probate code.
            ``(2) Life estates.--
                    ``(A) In general.--A surviving non-Indian spouse or 
                child of the decedent described in paragraph (1) may 
                elect to receive a life estate in the portion of the 
                trust or restricted lands to which that individual 
                would have been entitled under the tribal probate code, 
                if that individual were an Indian.
                    ``(B) Remainder of interest.--If a non-Indian 
                spouse or child elects to receive a life estate 
                described in subparagraph (A), the remainder of the 
                interest of the Indian decedent shall vest in the 
                Indians who would otherwise have been heirs, but for 
                that spouse's or child's election to receive a life 
                estate.'';
            (5) by striking section 207 and inserting the following:

``SEC. 207. DESCENT AND DISTRIBUTION; ESCHEAT OF FRACTIONAL INTERESTS.

    ``(a) Descent and Distribution.--Except as provided in this 
section, interests in trust or restricted lands may descend by testate 
or intestate succession only to--
            ``(1) the decedent's heirs-at-law or relatives within the 
        first and second degree;
            ``(2) a person who owns a preexisting interest in the same 
        parcel of land conveyed by the decedent;
            ``(3) members of the Indian tribe with jurisdiction over 
        the lands devised; or
            ``(4) the Indian tribe with jurisdiction over the lands 
        devised.
    ``(b) Special Rule.--A decedent that does not have a relative who 
meets the description under subsection (a)(1) or a relative who is a 
member described in subsection (a)(3) may devise that decedent's estate 
or any asset of that estate to any relative.
     ``(c) Devise of Interests in the Same Parcel to More Than 1 
Person.--
            ``(1) Joint tenancy with right of survivorship.--If a 
        testator devises interests in the same parcel of trust or 
        restricted land to more than 1 person, in the absence of 
        express language in the devise to the contrary, the devise 
        shall be presumed to create a joint tenancy with right of 
        survivorship.
            ``(2) Estates passing by intestate succession.--With 
        respect to an estate passing by intestate succession, only a 
        spouse and heirs of the first or second degree may inherit an 
        interest in trust or restricted lands.
            ``(3) Escheat.--If no individual is eligible to receive an 
        interest in trust or restricted lands, the interest shall 
        escheat to the Indian tribe having jurisdiction over the trust 
        or restricted lands, subject to any life estate that may be 
        created under section 206(d).
            ``(4) Notification to indian tribes.--Not later than 180 
        days after the date of enactment of the Indian Land 
        Consolidation Act Amendments of 1999, the Secretary shall, to 
        the extent that the Secretary considers to be practicable, 
        notify Indian tribes and individual landowners of the 
        amendments made by the Indian Land Consolidation Act Amendments 
        of 1999. The notice shall list estate planning options 
        available to the owners.
            ``(5) Descent of off-reservation lands.--
                    ``(A) Indian reservation defined.--For purposes of 
                this paragraph, the term `Indian reservation' includes 
                lands located within--
                            ``(i) Oklahoma; and
                            ``(ii) the boundaries of an Indian tribe's 
                        former reservation (as defined and determined 
                        by the Secretary).
                    ``(B) Descent.--Upon the death of an individual 
                holding an interest in trust or restricted lands that 
                are located outside the boundaries of an Indian 
                reservation and that are not subject to the 
                jurisdiction of any Indian tribe, that interest shall 
                descend either--
                    ``(A) by testate or intestate succession in trust 
                to an Indian; or
                    ``(B) in fee status to any other devises or heirs.
            ``(6) Notice to indians.--
                    ``(A) In general.--The Secretary shall provide 
                notice to each Indian that has an interest in trust or 
                restricted lands of that interest. The notice shall 
                specify that if such interest is in 2 percent or less 
                of the total acreage in a parcel of trust or restricted 
                lands, that interest may escheat to the Indian tribe of 
                that Indian.
                    ``(B) Limitation.--Subsections (a) and (d) shall 
                not apply to the probate of any interest in trust or 
                restricted lands of an Indian decedent if the Secretary 
                failed to provide notice under subparagraph (A) to that 
                individual before the date that is 180 days before the 
                death of the decedent.
    ``(d) Escheatable Fractional Interests.--
            ``(1) In general.--Notwithstanding subsection (a), no 
        undivided interest which represents 2 percent or less of the 
        total acreage in a parcel of trust or restricted land shall 
        pass by intestacy.
            ``(2) Escheat.--An undivided interest referred to in 
        paragraph (1) shall escheat--
                    ``(A) to the Indian tribe on whose reservation the 
                interest is located; or
                    ``(B) if that interest is located outside of a 
                reservation, to the recognized tribal government 
                possessing jurisdiction over the land.''; and
            (6) by adding at the end the following:

``SEC. 213. ACQUISITION OF FRACTIONAL INTERESTS.

    ``(a) In General.--The Secretary may acquire, in the discretion of 
the Secretary, with the consent of its owner and at fair market value, 
any fractional interest in trust or restricted lands. The Secretary 
shall give priority to the acquisition of fractional interests 
representing 2 percent or less of a parcel of trust or restricted land. 
The Secretary shall hold in trust for the Indian tribe that has 
jurisdiction over the fractional interest in trust or restricted lands 
the title of all interests acquired under this section.
    ``(b) Program of Acquisition.--Any Indian tribe that has in effect 
a consolidation plan that has been approved by the Secretary under 
section 204 may request the Secretary to enter into an agreement with 
the Indian tribe to implement a program to acquire fractional 
interests, as authorized by subsection (a) using funds appropriated 
pursuant to this Act.

``SEC. 214. ADMINISTRATION OF ACQUIRED FRACTIONAL INTERESTS, 
              DISPOSITION OF PROCEEDS.

    ``(a) In General.--Subject to the conditions described in 
subsection (b)(1), an Indian tribe receiving a fractional interest 
under section 207 or 213 may, as a tenant in common with the other 
owners of the trust or restricted lands, lease the interest, sell the 
resources, consent to the granting of rights-of-way, or engage in any 
other transaction affecting the trust or restricted land authorized by 
law.
    ``(b) Conditions.--
            ``(1) In general.--The conditions described in this 
        paragraph are as follows:
                    ``(A) Until the purchase price paid by the 
                Secretary for the interest referred to in subsection 
                (a) has been recovered, any lease, resource sale 
                contract, right-of-way, or other transaction affecting 
                the document providing for the disposition of the 
                interest under that subsection shall contain a clause 
                providing that all revenue derived from the interest 
                shall be paid to the Secretary.
                    ``(B) The Secretary shall deposit any revenue 
                derived from interest paid under subparagraph (A) in 
                the Acquisition Fund created under section 216.
                    ``(C) The Secretary shall deposit any revenue 
                derived from the interest that is paid under 
                subparagraph (A) that is in an amount in excess of the 
                purchase price of the fractional interest involved to 
                the credit of the Indian tribe that receives the 
                fractional interest under section 213.
                    ``(D) Notwithstanding any other provision of law, 
                including section 16 of the Act of June 18, 1934 
                (commonly referred to as the `Indian Reorganization 
                Act') (48 Stat. 987, chapter 576; 25 U.S.C. 476), 
                during such time as an Indian tribe is a tenant in 
                common with individual Indian landowners on land 
                acquired under section 207 or 213, the Indian tribe may 
                not refuse to enter into any transaction covered under 
                this section if landowners owning a majority of the 
                undivided interests in the parcel consent to the 
                transaction.
                    ``(E) If the Indian tribe does not consent to enter 
                into a transaction referred to in subparagraph (D), the 
                Secretary may consent on behalf of the Indian tribe.
                    ``(F) For leases of allotted land that are 
                authorized to be granted by the Secretary, the Indian 
                tribe shall be treated as if the Indian tribe were an 
                individual Indian landowner.
            ``(2) Exception.--Paragraph (1)(A) shall not apply to any 
        revenue derived from an interest in a parcel of land acquired 
        by the Secretary under section after an amount equal to the 
        purchase price of that interest in land has been paid into the 
        Acquisition Fund created under section 216.

``SEC. 215. ESTABLISHING FAIR MARKET VALUE.

    ``For the purposes of this Act, the Secretary may develop a 
reservation-wide system (or system for another appropriate geographical 
unit) for establishing the fair market value of various types of lands 
and improvements. That system may govern the amounts offered for the 
purchase of interests in trust or restricted lands under section 213.

``SEC. 216. ACQUISITION FUND.

    ``(a) In General.--The Secretary shall establish an Acquisition 
Fund to--
            ``(1) disburse appropriations authorized to accomplish the 
        purposes of section 213; and
            ``(2) collect all revenues received from the lease, permit, 
        or sale of resources from interests in trust or restricted 
        lands transferred to Indian tribes by the Secretary under 
        section 213.
    ``(b) Deposits; Use.--
            ``(1) In general.--Subject to paragraph (2), all proceeds 
        from leases, permits, or resource sales derived from an 
        interest in trust or restricted lands described in subsection 
        (a)(2) shall--
                    ``(A) be deposited in the Acquisition Fund; and
                    ``(B) as specified in advance in appropriations 
                Acts, be available for the purpose of acquiring 
                additional fractional interests in trust or restricted 
                lands.
            ``(2) Maximum deposits of proceeds.--With respect to the 
        deposit of proceeds derived from an interest under paragraph 
        (1), the aggregate amount deposited under that paragraph shall 
        not exceed the purchase price of that interest under section 
        213.

``SEC. 217. DETERMINATION OF RESERVATION BOUNDARIES AND TRIBAL 
              JURISDICTION.

    ``(a) Determination of Jurisdiction.--
            ``(1) In general.--The Secretary shall determine whether a 
        parcel of land is--
                    ``(A) within an Indian reservation; or
                    ``(B) otherwise subject to an Indian tribe's 
                jurisdiction.
            ``(2) Review.--The United States District Court for the 
        district where land that is subject to a determination under 
        paragraph (1) is located may review the determination under 
        chapter 7 of title 5, United States Code.
    ``(b) Rule of Construction.--Nothing in this Act may be construed 
to affect section 2409a of title 28, United States Code.

``SEC. 218. TRUST AND RESTRICTED LAND TRANSACTIONS.

    ``(a) Policy.--It is the policy of the United States to encourage 
and assist the consolidation of land ownership through transactions 
involving individual Indians in a manner consistent with the policy of 
maintaining the trust status of allotted lands.
    ``(b) Valuation of Sales and Exchanges.--Notwithstanding any other 
provision of law--
            ``(1) the sale of an interest in trust or restricted land 
        may be made for an amount that is less than the fair market 
        value of that interest; and
            ``(2) the exchange of an interest in trust or restricted 
        lands may be made for an interest of a value less than the fair 
        market value of the interest in those lands.
    ``(c) Status of Lands.--The sale or exchange of an interest in 
trust or restricted land under this section shall not affect the status 
of that land as trust or restricted land.
    ``(d) Gift Deeds.--
            ``(1) In general.--An individual owner of an interest in 
        trust or restricted land may convey that interest by gift deed 
        to--
                    ``(A) an individual Indian who is a member of the 
                Indian tribe that exercises jurisdiction over the land;
                    ``(B) the Indian tribe that exercises jurisdiction 
                over that land; or
                    ``(C) any other person whom the Secretary 
                determines may hold the land in trust or restricted 
                status.
            ``(2) Special rule.--With respect to any gift deed conveyed 
        under this section, the Secretary shall not require an 
        appraisal.

``SEC. 219. REPORTS TO CONGRESS.

    ``(a) In General.--Not later than the date that is 3 years after 
the date of enactment of the Indian Land Consolidation Act Amendments 
of 1999, and annually thereafter, the Secretary shall submit to 
Congress a report that indicates, for the period covered by the 
report--
            ``(1) the number of fractional interests in trust or 
        restricted lands acquired; and
            ``(2) the impact of the resulting reduction in the number 
        of such fractional interests on the financial and realty 
        recordkeeping systems of the Bureau of Indian Affairs.
    ``(b) Recommendations for Legislation.--The Secretary, after 
consultation with the Indian tribes, shall make recommendations for 
such legislation as is necessary to make further reductions in the 
fractional interests referred to in subsection (a).

``SEC. 220. APPROVAL OF LEASES, RIGHTS-OF-WAY, AND SALES OF NATURAL 
              RESOURCES.

    ``(a) In General.--The Secretary may approve any lease, right-of-
way, sale of natural resources, or any other transaction affecting 
individually owned trust or restricted lands that requires approval by 
the Secretary, if--
            ``(1) the owners of a majority interest in the trust or 
        restricted lands consent to the transaction; and
            ``(2) the Secretary determines that approval of the 
        transaction is in the best interest of the Indian owners.
    ``(b) Binding Transactions.--Upon the approval of a transaction 
referred to in subsection (a), the transaction shall be binding upon 
the owners of the minority interests in the trust or restricted land, 
and all other parties to the transaction to the same extent as if all 
of the Indian owners had consented to the transaction.

``SEC. 221. REAL ESTATE TRANSACTIONS INVOLVING NON-TRUST LANDS.

    ``(a) In General.--Notwithstanding any other provision of law, any 
Indian tribe may on the same basis as any other person, buy, sell, 
mortgage, or otherwise acquire or dispose of lands or interests in land 
described in subsection (b), without an Act of Congress or the approval 
of the Secretary.
    ``(b) Lands.--Lands described in this subsection are lands that 
are--
            ``(1) acquired after the date of enactment of the Indian 
        Land Consolidation Act Amendments of 1999; and
            ``(2) not held in trust or subject to a preexisting Federal 
        restriction on alienation imposed by the United States.
    ``(c) No Liability on Part of the United States.--The disposition 
of lands described in subsection (b) shall create no liability on the 
part of the United States.''.
    (b) Effective Date; Applicability.--
            (1) Effective date of amendments to section 207 of the 
        indian land consolidation act.--Except with respect to the 
        notification under section 207(c) (4) and (6) of the Indian 
        Land Consolidation Act (25 U.S.C. 2206(c) (4) and (6)), the 
        amendments made by subsection (a) to section 207 of the Indian 
        Land Consolidation Act (25 U.S.C. 2206) shall become effective 
        on the date that is 2 years after the date of enactment of this 
        Act.
            (2) Applicability.--The amendments made by subsection (a) 
        to section 207 of the Indian Land Consolidation Act shall apply 
        only to the estates of decedents that die on or after the date 
        specified in paragraph (1).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>