[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2880 Engrossed in House (EH)]


  2d Session

                               H. R. 2880

_______________________________________________________________________

                                 AN ACT

    To amend laws relating to the lands of the enrollees and lineal 
 descendants of enrollees whose names appear on the final Indian rolls 
  of the Muscogee (Creek), Seminole, Cherokee, Chickasaw, and Choctaw 
 Nations (historically referred to as the Five Civilized Tribes), and 
                          for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 2880

_______________________________________________________________________

                                 AN ACT


 
    To amend laws relating to the lands of the enrollees and lineal 
 descendants of enrollees whose names appear on the final Indian rolls 
  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 
Indian 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. Purposes.
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. Trust 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 restricted property conveyed 
                            to Indian housing authorities.
Sec. 204. Administrative approval of partition in kind.
Sec. 205. Surface leases.
Sec. 206. Secretarial approval of mineral leases or agreements.
Sec. 207. Management of mineral interests.
Sec. 208. Mortgages.
   TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER PROCEEDINGS 
                 AFFECTING TITLE TO RESTRICTED PROPERTY

Sec. 301. Actions affecting restricted property.
Sec. 302. Heirship determinations and probates.
Sec. 303. Actions to cure title defects.
Sec. 304. Involuntary partitions of restricted property.
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. 407. Publication of designated officials.
Sec. 408. Rule of construction.
Sec. 409. Transmission of power from Indian lands in Oklahoma.
Sec. 410. Authorization of appropriations.
Sec. 411. Effective date.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since 1970, Federal Indian policy has encouraged 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 enrollees and 
        descendants of enrollees whose names appear on the final Indian 
        rolls of the Muscogee (Creek), Seminole, Cherokee, Chickasaw, 
        and Choctaw Nations, historically referred to as the Five 
        Civilized Tribes, but now referred to as 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 
        people.
            (3) The exercise of Federal instrumentality jurisdiction by 
        the courts of the State of Oklahoma over conveyances and 
        inheritance of restricted property belonging to Individual 
        Indians--
                    (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 
                Individual Indians and their lands; and
                    (B) has impeded the self-determination and economic 
                self-sufficiency of Individual Indians within the 
                exterior boundaries of the Five Nations.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To correct the disparate Federal treatment of 
        individual allotted lands of Individual Indians that resulted 
        from prior Federal legislation by equalizing the Federal 
        legislative treatment of restricted and trust lands.
            (2) To eliminate unnecessary legal and bureaucratic 
        obstacles that impede the highest and best use of restricted 
        property belonging to Individual Indians.
            (3) To 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 Individual 
        Indians, which concern the rights of Individual Indians to hold 
        and acquire such property in restricted and trust status.
            (4) To 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 certain voluntary partition actions involving 
        restricted property belonging to such Individual Indians.

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 were historically referred 
        to as the ``Five Civilized Tribes''.
            (2) 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.
            (3) Indian nation.--The term ``Indian Nation'' means one of 
        the individual Five Nations referred to in paragraph (1).
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (5) Individual indian.--The term ``Individual Indian'' 
        means a member or citizen of one of the individual Five Nations 
        referred to in paragraph (1), an enrollee on the final Indian 
        rolls of the Five Civilized Tribes, 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, regardless 
        of whether such person is an enrolled member of one of the Five 
        Nations.
            (6) Restricted property.--(A) The term ``restricted 
        property'' means any right, title, or interest in real property 
        owned by an Individual Indian 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.
            (B) The term ``restricted property'' includes, without 
        limitation, those interests in the estate of a decedent 
        Individual Indian who died prior to the effective date of this 
        Act that were, immediately prior to the decedent's death, 
        subject to restrictions against alienation imposed by the laws 
        of the United States but that had not, as of the effective date 
        of this Act--
                    (i) been the subject of a final order determining 
                the decedent's heirs and distributing the restricted 
                property issued by a State district court or a United 
                States district court;
                    (ii) been conveyed by heirs by deed approved in 
                State district court;
                    (iii) been conveyed by heirs of less than one-half 
                degree of Indian blood with or without State district 
                court approval; or
                    (iv) been the subject of Secretarial approval of 
                removal of restrictions.
            (C) The term ``restricted property'' does 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 Individual Indian or an Indian 
        Nation, provided that such property was acquired in trust by 
        the United States under the authority of the Act of June 18, 
        1934 (25 U.S.C. 461 et seq.) (commonly known as the ``Indian 
        Reorganization Act'') or the Act of June 26, 1936 (25 U.S.C. 
        501 et seq.) (commonly known as the ``Oklahoma Indian Welfare 
        Act''), within the boundaries of the State of Oklahoma.

             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 
Individual Indian who owns such property.
    (b) Continuation.--
            (1) In general.--Any restricted property, including any 
        restricted property referred to in subsection (a), shall remain 
        restricted property notwithstanding the acquisition of such 
        property by an Individual Indian by inheritance, devise, gift, 
        or exchange.
            (2) With waiver.--Any restricted property, including any 
        restricted property referred to in subsection (a), shall remain 
        restricted property upon the acquisition of such property by an 
        Individual Indian 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 Individual Indian 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 Individual Indian 
                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 Individual Indian 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, the Secretary 
shall use any proceeds from such conveyance or condemnation to purchase 
from a willing seller other property designated by such Individual 
Indian, and such designated property shall be restricted property if--
            (1) such proceeds were deposited into a segregated trust 
        fund account under the supervision of the Secretary at the 
        request of the Individual Indian;
            (2) such Individual Indian provides a written statement 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 Individual Indian has not executed a written 
        waiver of his or her right to acquire other property in 
        restricted status pursuant to section 101;
            (4) such restrictions appear in the conveyance to the 
        Individual Indian with certification by the Secretary that the 
        requirements of this section have been met;
            (5) such property is located within the State of Oklahoma; 
        and
            (6) the Secretary determines that there are no existing 
        liens or other encumbrances which would substantially interfere 
        with the use of the property.
    (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 
of such property, a specific tract of land within the property shall be 
designated by the Individual Indian for placement in restricted status. 
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.
    (c) Rule of Construction.--The provisions of subsections (a) and 
(b) of this section shall apply to the reinvestment of proceeds derived 
from the conveyance or condemnation of restricted property of an 
Individual Indian pursuant to the Act of March 2, 1931, as amended by 
the Act of June 30, 1932 (25 U.S.C. 409a), where such reinvestment 
occurs after the effective date of this Act.

SEC. 103. TRUST 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 
deemed to be held in trust and shall remain subject to the jurisdiction 
of the Secretary.
    (b) Use of Funds.--Funds, securities, and proceeds described in 
subsection (a) may be released upon approval or expended by the 
Secretary for the use and benefit of the Individual Indians to whom 
such funds, securities, and proceeds belong, under such rules and 
regulations as the Secretary shall prescribe.

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 Individual Indians, is hereby extended 
until an Act of Congress determines otherwise.

SEC. 105. REMOVAL OF RESTRICTIONS.

    (a) Procedure.--
            (1) Application.--An Individual Indian who owns restricted 
        property, or the legal guardian of a minor Individual Indian or 
        of an Individual Indian 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 owned by 
        such Individual Indian. The application shall be considered by 
        the Secretary only as to the tract, tracts, or severed mineral 
        or surface interest described in the application.
            (2) Consideration of application.--Not later than 90 days 
        after the date on which an application referred to in paragraph 
        (1) is submitted to the Secretary, the Secretary shall either 
        issue the removal order or disapprove the application.
            (3) Disapproval by virtue of missed deadline.--If the 
        application referred to in paragraph (1) is not approved within 
        90 days of submission to the Secretary, the application shall 
        be deemed to have been disapproved pursuant to paragraph 
        (4)(B). Such disapproval of the application shall be subject to 
        review in accordance with the Administrative Procedures Act (5 
        U.S.C. 701 et seq.), and the Secretary's regulations governing 
        administrative appeals.
            (4) Disapproval.--The Secretary shall disapprove an 
        application pursuant to paragraph (2) 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 Individual Indian 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.--Not later than 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 in accordance with the provisions of 
this Act. The Secretary shall also cause such list to be filed in the 
appropriate land titles and records offices designated by the Secretary 
pursuant to section 406(a).
    (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 Individual Indian 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 shall forthwith convert that unrestricted interest into 
restricted status if all of the undivided interests in the property are 
owned by Individual Indians as of the date of the application under 
this section. The conversion into restricted status shall be effective 
upon the date of filing of a restricted form deed with the county clerk 
of the county where the property is situated; provided that such deed 
must be executed by the applicant and approved by the Secretary.

 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 Individual Indian 
or by any guardian or conservator of any Individual Indian 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 shall be heard and adjudicated 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, unless the Individual Indian, 
guardian, or conservator dismisses the petition or otherwise objects to 
the conveyance or lease prior to final court approval.

SEC. 202. APPROVAL OF CONVEYANCES.

    (a) Procedure.--
            (1) In general.--The Secretary may approve the conveyance 
        of interests in restricted property by an Individual Indian--
                    (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.
            (2) Approval of deed.--No deed conveying an interest in 
        restricted property shall be valid unless the Secretary's 
        approval is endorsed on the face of such deed.
    (b) Exception.--
            (1) In general.--Notwithstanding subsection (a)(2)(B), the 
        Secretary may approve the conveyance of restricted property, or 
        any portion thereof, by an Individual Indian to any of the 
        individuals 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 Individual Indian and that the Individual Indian has been 
        duly informed of and understands the fair market appraisal, and 
        is not being coerced into the conveyance.
            (2) Individuals.--An individual described in this paragraph 
        is limited to the Individual Indian spouse, father, mother, 
        brother or sister, son, daughter or other lineal descendant, 
        aunt or uncle, cousin, niece or nephew, or Individual Indian 
        co-owner.

SEC. 203. REIMPOSITION OF RESTRICTIONS ON RESTRICTED PROPERTY CONVEYED 
              TO INDIAN HOUSING AUTHORITIES.

    (a) In General.--
            (1) Certificate of restricted status.--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 Individual Indian homebuyer 
        or an Individual Indian successor in interest to such 
        homebuyer.
            (2) Request for certificate.--The request referred to in 
        paragraph (1) shall--
                    (A) include evidence satisfactory to the Secretary 
                that the homebuyer's contract has been paid in full; 
                and
                    (B) be delivered to the Secretary not later than 5 
                years after the housing authority conveys such property 
                back to the original Individual Indian homebuyer or an 
                Individual Indian assignee or successor of the original 
                Individual Indian homebuyer.
    (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.--Individual Indian 
homebuyers described in subsection (a) who acquired ownership of 
property prior to the effective date of this Act shall have 5 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 Individual Indians described in this 
section under other Federal laws and regulations relating to the 
acquisition and status of trust property.

SEC. 204. ADMINISTRATIVE APPROVAL OF PARTITION IN KIND.

    (a) Partition in Kind of Trust Property.--
            (1) Jurisdiction.--The Secretary shall have exclusive 
        jurisdiction to approve the partition in kind of trust property 
        pursuant to paragraph (2), where all of the undivided -
        interests in such property are held in trust.
            (2) Approval order.--The Secretary may issue an order 
        approving the partition in kind of trust property described in 
        paragraph (1) after receiving an application pursuant to -
        subsection (d)(1) and satisfying the requirements of subsection 
        (d), paragraphs (2) and (3), if--
                    (A) the Individual Indian owners of more than 50 
                percent of the total undivided interest in the property 
                approve a plan to partition such property; and
                    (B) the Secretary finds the plan to be reasonable, 
                fair, and equitable.
            (3) Rule of construction.--This subsection shall not apply 
        to trust property if 1 or more of the undivided interests 
        referred to in paragraph (1) are held in trust for an Indian 
        Nation.
    (b) Partition in Kind of Property Comprised of Undivided Trust and 
Nontrust Interests.--
            (1) Jurisdiction.--The Secretary shall have jurisdiction to 
        approve deeds for the partition in kind of property comprised 
        of undivided trust and nontrust interests, held in common 
        ownership by at least 1 Individual Indian and 1 or more co-
        owners.
            (2) Approval of partition deeds.--The Secretary may issue 
        an order approving the partition in kind of all or a portion of 
        the property described in paragraph (1) after receiving an 
        application pursuant to subsection (d)(1) and satisfying the 
        requirements of subsection (d), paragraphs (2) and (3), if--
                    (A) a plan described in subsection (d)(2) or (d)(3) 
                is approved in writing by all of the owners; and
                    (B) the Secretary finds the plan to be reasonable, 
                fair, and equitable.
    (c) Partition of Restricted Property.--
            (1) Jurisdiction.--The Secretary shall have jurisdiction to 
        approve deeds for the partition in kind of property some or all 
        of which consists of undivided interests in restricted 
        property.
            (2) Approval of partition deeds.--The Secretary may--
                    (A) approve the partition in kind of all or a 
                portion of the property described in paragraph (1) 
                after receiving an application pursuant to subsection 
                (d)(1) and satisfying the requirements of subsection 
                (d), paragraphs (2) and (3); and
                    (B) secure and approve appropriate deeds from all 
                Individual Indian owners if--
                            (i) a plan described in subsection (d)(2) 
                        or (d)(3) is approved in writing by all of the 
                        Individual Indians who own an undivided 
                        restricted interest in the property; and
                            (ii) the Secretary finds the plan to be 
                        reasonable, fair, and equitable.
            (3) Continuation of restricted status.--The restricted 
        status of any property acquired by an Individual Indian by deed 
        exchange for the purpose of effecting a partition plan shall 
        remain restricted pursuant to section 101(b)(1). Any property 
        acquired by an Individual Indian by purchase for the purpose of 
        effecting a partition plan shall remain restricted if the 
        requirements of section 101(b)(2) are met.
    (d) Procedures.--
            (1) Application.--An owner or owners of an undivided 
        interest in any trust property described in subsections (a)(1) 
        or (b)(1) or any restricted property described in subsection 
        (c)(1) may make written application, on a form approved by the 
        Secretary, for the partition in kind of the restricted property 
        or trust property described in the application.
            (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 
                subsections (a)(2)(A), (b)(2)(A), or (c)(2)(B).
            (3) Proposed land division plan.--The Secretary shall give 
        applicants and all other owners of property subject to a 
        partition application under this section 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 in kind 
        of the property under this section. The Secretary may 
        facilitate the negotiations for a land division plan.
            (4) Conveyances.--After the Secretary has approved a 
        partition pursuant to subsection (a), (b), or (c), the 
        Secretary shall issue or approve any orders, deeds, or 
        instruments of conveyance necessary to complete the partition.-
        --
    (e) Authority of Secretary to Consent to Plan of Partition on 
Behalf of Certain Owners.--The Secretary may give written consent to a 
plan of partition--
            (1) pursuant to subsections (a)(2)(A), (b)(2)(A), or 
        (c)(2)(B)(1) on behalf of any owner of an undivided interest 
        if--
                    (A) the owner is deceased and the heirs to, or 
                devisees of, the interest of the deceased owner have 
                not been determined;
                    (B) the heir or devisee referred to in paragraph 
                (1) has been determined but cannot be located; or
                    (C) the owner is a minor, non compos mentis, or 
                otherwise under legal disability (unless a guardian or 
                conservator possesses the authority to approve a plan 
                of partition on behalf of the owner); and
            (2) pursuant to subsections (b)(2)(A) and (c)(2)(B) on 
        behalf of any Individual Indian owner who cannot be located if 
        the owners of 50 percent or more of the individual interest 
        consent to such a plan.

SEC. 205. SURFACE LEASES.

    The Secretary may approve leases of restricted property by an 
Individual Indian pursuant to the Act of August 9, 1955 (25 U.S.C. 415 
et seq.), section 105 of the American Indian Agricultural Resource 
Management Act (25 U.S.C. 3715), and section 219 of the Indian Land 
Consolidation Act (25 U.S.C. 2218).

SEC. 206. SECRETARIAL APPROVAL OF MINERAL LEASES OR AGREEMENTS.

    (a) Approval.--
            (1) General rule.--No lease or agreement purporting to 
        convey or create any mineral 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 lease or 
        agreement described in paragraph (1) only if--
                    (A) the Individual Indian owners of a majority of 
                the undivided interest in the restricted or trust 
                mineral estate that is the subject of the 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 
                Individual Indian owners of the restricted or trust 
                mineral interests; and
                    (C)(i) the Secretary has accepted the highest bid 
                for such lease or agreement after a competitive bidding 
                process has been conducted by the Secretary, or
                    (ii) the Secretary has determined that it is in the 
                best interest of the Individual Indian owners to award 
                a lease made by negotiation, and the Individual Indian 
                owners so consent in writing.
    (b) Effect of Approval.--Upon the approval of a 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 and all other parties to the lease or 
agreement, to the same extent as if all of the 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 Individual Indian 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.--Restricted or trust mineral 
interests underlying property located within a spacing and drilling 
unit approved by the Oklahoma Corporation Commission shall not be 
drained of any oil or gas by a well within such unit without a 
communitization agreement prepared and approved by the Secretary. 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 Individual Indian owner free of all drilling, lifting, and other 
production costs.

SEC. 207. MANAGEMENT OF MINERAL INTERESTS.

    (a) Oil and Gas Conservation Laws.--
            (1) In general.--Except as otherwise provided in this Act, 
        the oil and gas conservation laws of the State of Oklahoma 
        shall apply to restricted property.
            (2) Approval.--No order of the Corporation Commission 
        affecting restricted property shall be valid as to such 
        property until such order is submitted to and approved by the 
        Secretary.
            (3) Notice.--Notice of any hearing or any order pending 
        before the Oklahoma Corporation Commission affecting restricted 
        or trust property shall be furnished to the Secretary of the 
        Interior not less than 30 days prior to the date of the hearing 
        or the approval of the order by the Commission.
            (4) Rule of construction.--To the extent that an interest 
        in any such well is not restricted property, the authority of 
        the Secretary over the restricted mineral interest shall be 
        exercised in conjunction with the Oklahoma Corporation 
        Commission's authority over such nonrestricted interest. 
        Nothing in this subsection shall be construed to grant to the 
        State of Oklahoma regulatory jurisdiction over the protection 
        of the environment and natural resources of restricted 
        property, except to the limited extent granted by this 
        subsection.
    (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 Individual Indian may mortgage restricted property only in 
accordance with and under the authority of the Act of March 29, 1956 
(25 U.S.C. 483a).

   TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER PROCEEDINGS 
                 AFFECTING TITLE TO RESTRICTED PROPERTY

SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.

    The Secretary shall have jurisdiction over actions affecting title 
to, or use or disposition of, trust property or restricted property. 
The United States district courts 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. HEIRSHIP DETERMINATIONS AND PROBATES.

    (a) Jurisdiction.--The Secretary shall have exclusive jurisdiction 
to probate wills or otherwise determine heirs of deceased Individual 
Indians and to adjudicate all such estate actions to the extent that 
they involve individual trust property, restricted property, or trust 
funds or securities held or supervised by the Secretary derived from 
such property, subject to the following exceptions:
            (1) The Secretary shall not have jurisdiction over such 
        estate actions that are pending in the courts of the State of 
        Oklahoma as provided in section 306 on the effective date of 
        this Act.
            (2) The Secretary shall not have jurisdiction over any 
        estate for which a final order of probate or determination of 
        heirs was issued by a court of the State of Oklahoma or a 
        United States district court prior to the effective date of 
        this Act.
    (b) Governing Laws.--Notwithstanding any other provision of law, 
the Secretary shall have jurisdiction and authority under this section 
and sections 1 and 2 of the Act of June 25, 1910 (25 U.S.C. 372 and 
373, respectively) to determine heirs, approve and probate wills, and 
distribute restricted property, trust property, and trust funds in 
estates of Individual Indian decedents, subject to the following 
requirements:
            (1) Law applicable to estates of individual indian 
        decedents who died intestate prior to effective date.--The 
        administrative law judge or other official designated by the 
        Secretary shall apply the laws of the State of Oklahoma 
        governing descent and distribution in force on the date of the 
        decedent's death to all restricted property, trust property, 
        and trust funds or securities derived from such property in the 
        estates of deceased Individual Indians who died intestate prior 
        to the effective date of this Act.
            (2) Law applicable to estates of individual indian -
        decedents who die intestate on or after effective date.--The 
        administrative law judge or other official designated by the 
        Secretary shall apply the following laws to all restricted 
        property, trust property, and trust funds or securities derived 
        from such property in the estates of deceased Individual 
        Indians who die intestate on or after the effective date of 
        this Act:
                    (A) A probate code approved by the Secretary 
                applicable to such property, funds, and securities but 
                only if approved by the Secretary in accordance with 
                section 206(b)(2) of Public Law 97-459 (25 U.S.C. 
                2205(b)(2)).
                    (B) In the absence of a probate code approved by 
                the Secretary in accordance with section 206(b)(2) of 
                Public Law 97-459 (25 U.S.C. 2205(b)(2)), any Federal 
                statute establishing rules of descent and distribution 
                for trust or restricted property.
                    (C) In the absence of either a probate code 
                approved by the Secretary in accordance with section 
                206(b)(2) of Public Law 97-459 (25 U.S.C. 2205(b)(2)) 
                or a Federal statute establishing rules of descent and 
                distribution for trust or restricted property, the laws 
                of descent and distribution in force in the State of 
                Oklahoma.
            (3) Law applicable to wills executed prior to effective 
        date.--
                    (A) In general.--The Secretary shall approve a will 
                of an estate containing trust property, restricted 
                property, or trust funds or securities derived from 
                such property if the will was executed by an Individual 
                Indian (i) prior to the effective date of this Act, and 
                (ii) in accordance with the laws of the State of 
                Oklahoma governing the validity and effect of wills.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the will of a full-blood Individual Indian which 
                disinherits the parent, spouse, or one or more children 
                of such full-blood Individual Indian 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.
            (4) Law applicable to wills executed on or after effective 
        date.--
                    (A) In general.--Any Individual Indian who has 
                attained age 18 and owns restricted property, trust 
                property, or trust funds or securities may dispose of 
                such assets by will, executed on or after the effective 
                date of this Act. The Secretary shall review and 
                approve such wills in accordance with section 2 of the 
                Act of June 25, 1910 (25 U.S.C. 373).
                    (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 
                as property of an intestate decedent under paragraph 
                (2).
            (5) Federal law controls.--Notwithstanding any other 
        provision of this section, Federal law governing personal 
        claims against the estate of a deceased Individual Indian 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, 
        restricted property, and trust funds and securities shall apply 
        to all such assets contained in the estate of the deceased 
        Individual Indian.

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.
    (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 if 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.
    (c) Law Applicable in Certain Actions.--In any action referred to 
in subsection (b)(2) that is--
            (1) filed not later than 2 years after the effective date 
        of this Act, the law applicable to such an action on the day 
        before the date of the enactment of this Act shall apply; and
            (2) filed more than 2 years after the effective date of 
        this Act, the claimant must show by clear and convincing 
        evidence that all requirements of Oklahoma law for acquiring 
        title by adverse possession in effect on the day before the 
        date of the enactment of this Act, including the running of the 
        full 15-year limitations period, were met prior to the 
        effective date of this Act.
    (d) Applicability of Certain Provision of This Act.--Any action 
filed pursuant to subsection (a) or (b)(2) shall be subject to the 
procedures set forth in section 305.
    (e) Heirship Determinations and Dispositions.--
            (1) No derogation of jurisdiction.--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 Individual Indians 
        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.
            (2) Request for determination of heirs to establish 
        marketable title.--Any grantee of an undetermined 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 Individual Indian decedent may request 
        that the Secretary determine the heirs of the decedent in order 
        to establish marketable title in said grantee.
            (3) Determination required.--Upon receipt of an application 
        made under paragraph (2), the Secretary shall determine the 
        heirs in accordance with the provisions of section 302.
            (4) 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 OF RESTRICTED PROPERTY.

    (a) Petition; Jurisdiction and Applicable Law; Requirements.--
            (1) Petitions.--Subject to the provisions of subsection 
        (d), any person who owns any undivided interest in a tract of 
        property consisting entirely or partially of undivided 
        restricted interests, regardless of the size of that person's 
        interest in the whole tract, may file an action in the United 
        States district court in the district wherein the tract is 
        located or the Oklahoma State district court for the county 
        wherein the tract is located for the involuntary partition of 
        such tract.
            (2) Jurisdiction; applicable law.--The United States 
        district courts in the State of Oklahoma and the State courts 
        of Oklahoma shall have jurisdiction over actions for the 
        involuntary partition of property filed pursuant to this 
        section, subject to all requirements and limitations of this 
        section and the requirements in sections 305 and 306. 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 section and sections 
        305 and 306.
            (3) Agreement after initiation of action.--If after the 
        initiation of any action authorized by this section, the 
        parties to the suit reach an agreement for the partition of the 
        property in kind or by sale, such agreement shall not be valid 
        or binding as to the restricted interests until it is approved 
        by the Secretary. The Secretary shall approve the partition 
        plan if he finds it to be fair, reasonable and equitable to the 
        Individual Indian owners of the restricted interests.
            (4) Approval of election or sale.--If the tract consists of 
        wholly or partially undivided restricted interests, the court 
        may approve an election by any undivided interest owner to take 
        the property at the full appraised value pursuant to the laws 
        of the State of Oklahoma governing partitions in effect on the 
        effective date of this Act or, if there is no such election, to 
        approve the sale of the property at public auction for no less 
        than two-thirds of the appraised value pursuant to such laws of 
        the State of Oklahoma.
            (5) Determination of value.--The Secretary shall determine 
        the value of the property and submit an appraisal to the court. 
        If the value of the property determined by the Secretary is 
        greater than the valuation or appraisement of the property made 
        pursuant to law of the State of Oklahoma, the court shall set a 
        hearing at which time the Secretary and any other party shall 
        be afforded an opportunity to present evidence regarding the 
        value of the property, following which the court may accept the 
        Secretary's valuation, or accept the valuation and appraisement 
        made pursuant to law of the State of Oklahoma, or order a new 
        valuation and appraisement pursuant to law of the State of 
        Oklahoma.
    (b) 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 90 percent of the appraised value of 
        the tract.
    (c) Costs.--A nonconsenting Individual Indian 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.
    (d) Deadline.--No action for the involuntary partition of property 
shall be maintained under this section unless it is filed within 10 
years after the effective date of this Act.

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 the 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 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 
        Secretary 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.--At least one 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 be--
                    (A) 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) signed by the plaintiff to the action or his or 
                her counsel of record; and
                    (C) 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 issued and filed 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 Secretary 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 a 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 a United States district court, together with the 
        certified copy of the pleadings in such action as served on the 
        Secretary 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 proceed 
        no further in said suit.
            (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 United States district court 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 
        United States 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 Secretary 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. The transactions referred to in 
this subsection are the following:
            (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 an 
        Individual Indian 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 Individual Indian 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 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 Individual Indian decedent 
        who owned such property at the time of his death, 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.--
            (1) Notice to the secretary.--Any claimant described in 
        subsection (a) must serve written notice of his or her claim by 
        certified mail, return receipt requested, on the Secretary, and 
        file the notice of claim, together with a copy of the return 
        receipt showing delivery to the Secretary and filing 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 
        Secretary and filed of record as herein provided. The notice of 
        claim shall set forth the following:
                    (A) The claimant's name and mailing address.
                    (B) 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.
                    (C) A specific reference to or description of each 
                title transaction in the chain of title, including the 
                date of same, that the claimant is attempting to 
                validate pursuant to this section.
                    (D) 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.
            (2) Publication notice.--In addition to the notice to the 
        Secretary required under paragraph (1), the claimant shall give 
        notice by publication of his or her claim to other persons who 
        may claim some interest in the property in accordance with this 
        paragraph. The claimant shall cause notice of his or her claim 
        to be published one time in a newspaper of general circulation 
        in the county or counties wherein the property is located and 
        shall thereafter cause proof of such publication to be filed in 
        the office of the county clerk for such county or counties. The 
        published notice shall set forth the following:
                    (A) The claimant's name and mailing address.
                    (B) The same description of the property required 
                under subsection (b)(1)(B) to be included in the notice 
                to the Secretary.
                    (C) A description of each title transaction in the 
                chain of title, including the date of same, that the 
                claimant is attempting to validate pursuant to this 
                section.
                    (D) A statement that any person claiming an 
                interest in the described property may file a written 
                notice of objection, in the form of a declaration under 
                oath, in the office of the county clerk of the county 
                or counties wherein the property is located not more 
                than 60 days after the date of publication of the 
                notice in such newspaper, and that the written notice 
                of objection must set forth--
                            (i) the declarant's name and mailing 
                        address;
                            (ii) the description of the property set 
                        forth in the publication notice; and
                            (iii) a statement that the declarant claims 
                        in good faith to be the owner of some interest 
                        in the property and objects to the validation 
                        of the transactions described in the 
                        publication notice.
    (c) Response Deadline; Extension.--The Secretary shall have 60 days 
after the date of receipt of the notice of claim in which to notify the 
claimant in writing that the Secretary exercises discretionary 
authority to object to the claim for any reason. The Secretary shall be 
entitled to an automatic extension of time of 60 days in which to 
object to the claim upon the Secretary's service of written notice of 
extension on the claimant within the initial 60-day response period.
    (d) Notice of Objection; Remedies.--The Secretary 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 Secretary. The Secretary'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 Secretary 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 Secretary notifies the claimant that the Secretary 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 discretionary 
authority pursuant to subsection (c), the Secretary does not object to 
the claim, then the Secretary may notify the claimant that the matter 
is not in dispute. Failure of the Secretary to notify the claimant of 
the Secretary'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 Secretary notifies the 
claimant that the matter is not in dispute or fails to 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 response to a notice published 
pursuant to subsection (b)(2) or in accordance with subsection (f).
    (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 Degree Blood of the Five 
Nations.--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 
        Individual Indian 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 Individual Indian'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 Individual Indian 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 Individual Indian'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, 
        25 U.S.C. 355 note).
            (2) Sections 1 through 5, 7 through 9, and 11 through 13 of 
        the Act of August 4, 1947 (61 Stat. 731, chapter 458, 25 U.S.C. 
        355 note).
            (3) The Act of December 24, 1942 (56 Stat. 1080, Chapter 
        813).
            (4) The Act of February 11, 1936 (25 U.S.C. 393a, Chapter 
        50).
            (5) The Act of January 27, 1933 (47 Stat. 777, chapter 23, 
        25 U.S.C. 355 note).
            (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 (Chapter 
        101, 25 U.S.C. 375 and 355, respectively).
            (9) Sections 1 through 3 and 6 through 12 of the Act of May 
        27, 1908 (35 Stat. 312, chapter 199).
            (10) Sections 6, 11, 15, 18, 20, and 23 of the Act of April 
        26, 1906 (34 Stat. 137, chapter 1876).
    (b) Technical Amendments.--
            (1) Section 28 of the Act of April 26, 1906 (34 Stat. 137, 
        chapter 1876) is amended--
                    (A) by striking the first proviso; and
                    (B) by striking ``Provided further'' and inserting 
                ``Provided''.
            (2) The Act of March 3, 1909, (35 Stat. 781, 783, chapter 
        263) is amended by striking ``of the Five Civilized Tribes 
        and''.
            (3) Section 6 of the Act of August 4, 1947 (61 Stat. 733, 
        chapter 458) is amended--
                    (A) in subsection (c), by inserting before the 
                final period the following: ``: Provided further, That 
                any interest in restricted and tax-exempt lands 
                acquired by descent, devise, gift, exchange, partition, 
                conveyance, or purchase with restricted funds after the 
                date of the enactment of the Five Nations Indian Land 
                Reform Act by an Indian of the Five Civilized Tribes 
                shall continue to be tax-exempt during the restricted 
                period''; and
                    (B) in subsection (e), by striking the first 
                sentence.
            (4) The Act of June 25, 1910 (25 U.S.C. section 373) is 
        amended by inserting at the beginning of the last proviso the 
        following: ``Except as provided in section 302(b) of the Five 
        Nation Indian Land Reform Act,''.
            (5) The Act of May 7, 1970 (84 Stat. 203, Public Law 91-
        240, 25 U.S.C. 375d), is amended--
                    (A) by inserting ``Creek,'' after ``Cherokee,''; 
                and
                    (B) by striking ``derived and shall'' and inserting 
                the following: ``derived. Such lands, interests, and 
                profits, and any restricted Indian lands or interests 
                therein allotted by any such Indian nation that are 
                reacquired by that Indian nation by conveyance 
                authorized under section 202(a) of the Five Nations 
                Indian Land Reform Act shall''.
            (6) Section 1 of the Act of October 22, 1970 (84 Stat. 
        1091, Public Law 91-495), 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, advising 
        Individual Indians owning restricted property (and to private 
        counsel for such Individual Indians if any) of their legal 
        rights with respect to the restricted property owned by such 
        Individual Indians;
            (3) at the request of any Individual Indian 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 Individual Indian in 
        obtaining clear title, acquiring possession, and retaining 
        possession of restricted property and any other appropriate 
        remedy;
            (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; and
            (5) appear specially before the Oklahoma Corporation 
        Commission on behalf of the Secretary to protect Individual 
        Indians' restricted property interests.

SEC. 406. FILING REQUIREMENTS; CONSTRUCTIVE NOTICE.

    (a) Requirement for Filing.--The Secretary shall file the following 
orders or other decision documents which concern restricted property 
and are issued after the effective date of this Act by the Secretary in 
the appropriate land titles and records offices, as designated by the 
Secretary, and in the office of the county clerk in the county where 
such restricted property is located:
            (1) 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 approving 
        orders of the Oklahoma Corporation Commission.
            (2) Any notice issued by the Secretary pursuant to section 
        402.
    (b) Constructive Notice.--The filing of said documents pursuant to 
this section shall constitute constructive notice to the public of the 
effect of said documents filed.
    (c) Certification of Authenticity.--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.

SEC. 407. PUBLICATION OF DESIGNATED OFFICIALS.

    The Secretary shall identify each designee for purposes of the 
receipt of notices or the performance of any Secretarial duty or 
function under this Act by publication of notice in the Federal 
Register.

SEC. 408. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to limit or affect the 
rights of Individual Indians under other Federal laws relating to the 
acquisition and status of trust property, including without limitation, 
the following:
            (1) The Act of June 18, 1934 (25 U.S.C. 461 et seq.) 
        (commonly known as the ``Indian Reorganization Act'').
            (2) The Act of June 26, 1936 (25 U.S.C. 501 et seq.) 
        (commonly known as the ``Oklahoma Indian Welfare Act'').
            (3) The Indian Land Consolidation Act (25 U.S.C. 2201 et 
        seq.).
            (4) Regulations relating to the Secretary's authority to 
        acquire lands in trust for Indians and Indian tribes.

SEC. 409. TRANSMISSION OF POWER FROM INDIAN LANDS IN OKLAHOMA.

    To the extent the Southwestern Power Administration makes 
transmission capacity available without replacing the present capacity 
of existing users of the Administration's transmission system, the 
Administrator of the Southwestern Power Administration shall take such 
actions as may be necessary, in accordance with all applicable Federal 
law, to make the transmission services of the Administration available 
for the transmission of electric power generated at facilities located 
on land within the jurisdictional area of any Oklahoma Indian tribe (as 
determined by the Secretary of the Interior) recognized by the 
Secretary as eligible for trust land status under 25 CFR Part 151. The 
owner or operator of the generation facilities concerned shall 
reimburse the Administrator for all costs of such actions in accordance 
with standards applicable to payment of such costs by other users of 
the Southwestern Power Administration transmission system.

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 411. EFFECTIVE DATE.

    Except for section 409, the provisions of this Act shall take 
effect on January 1, 2004.

            Passed the House of Representatives June 11, 2002.

            Attest:

                                                                 Clerk.