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







107th CONGRESS
  1st Session
                                H. R. 2880

  To amend laws relating to the lands of the citizens of the Muscogee 
     (Creek), Seminole, Cherokee, Chickasaw, and Choctaw Nations, 
 historically referred to as the Five Civilized Tribes, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

           September 12 (legislative day, September 11), 2001

   Mr. Watkins of Oklahoma (for himself, Mr. Carson of Oklahoma, Mr. 
   Kildee, and Mr. Condit) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To amend laws relating to the lands of the citizens of the Muscogee 
     (Creek), Seminole, Cherokee, Chickasaw, and Choctaw Nations, 
 historically referred to as the Five Civilized Tribes, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Five Nations 
Citizens Land Reform Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
             TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS

Sec. 101. Restrictions on real property.
Sec. 102. Reinvestment of proceeds from condemnation or conveyance of 
                            restricted property.
Sec. 103. Restricted funds.
Sec. 104. Period of restrictions.
Sec. 105. Removal of restrictions.
Sec. 106. Exemptions from prior claims.
Sec. 107. Fractional interests.
 TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES, 
             AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS

Sec. 201. Approval authority for conveyances and leases.
Sec. 202. Approval of conveyances.
Sec. 203. Reimposition of restrictions on conveyances of property to 
                            Indian housing authorities.
Sec. 204. Administrative partition.
Sec. 205. Surface leases.
Sec. 206. Mineral leases.
Sec. 207. Management of mineral interests.
Sec. 208. Mortgages.
    TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER JUDICIAL 
                              PROCEEDINGS

Sec. 301. Actions affecting restricted property.
Sec. 302. Heirship determinations and probates.
Sec. 303. Actions to cure title defects.
Sec. 304. Involuntary partitions.
Sec. 305. Requirements for actions to cure title defects and 
                            involuntary partitions.
Sec. 306. Pending State proceedings.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Regulations.
Sec. 402. Validation of certain transactions; savings clause.
Sec. 403. Repeals.
Sec. 404. Secretarial trust responsibility.
Sec. 405. Representation by attorneys for the Department of the 
                            Interior.
Sec. 406. Filing requirements; constructive notice.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since 1970, Federal Indian policy has focused on Indian 
        self-determination and economic self-sufficiency. The exercise 
        of Federal instrumentality jurisdiction by the Oklahoma State 
        courts over the Indian property that is subject to Federal 
        restrictions against alienation belonging to members of the 
        Five Nations is inconsistent with that policy.
            (2) It is a goal of Congress to recognize the Indian land 
        base as an integral part of the culture and heritage of Indian 
        citizens.
            (3) The exercise of Federal instrumentality jurisdiction by 
        the courts of the State of Oklahoma over conveyances and 
        inheritance of restricted property belonging to Indian citizens 
        of the Five Nations--
                    (A) is costly, confusing, and cumbersome, and 
                effectively prevents any meaningful Indian estate 
                planning, and unduly complicates the probating of 
                Indian estates and other legal proceedings relating to 
                Indian citizens and their lands; and
                    (B) has impeded the self-determination and economic 
                self-sufficiency of Indian citizens within the exterior 
                boundaries of the Five Nations.

SEC. 3. PURPOSE.

    (a) In General.--It is the purpose of this Act to--
            (1) correct the disparate Federal treatment of individual 
        allotted lands of Indian citizens of the Five Nations that 
        resulted from prior Federal legislation by equalizing the 
        Federal legislative treatment of restricted and trust lands;
            (2) eliminate unnecessary legal and bureaucratic obstacles 
        that impede the highest and best use of restricted property 
        belonging to Indian citizens of the Five Nations;
            (3) provide for an efficient process for the administrative 
        review and approval of conveyances, voluntary partitions, and 
        leases, and to provide for Federal administrative proceedings 
        in testate and intestate probate and other cases that involve 
        the restricted property of Indian citizens, which concern the 
        rights of Indian citizens to hold and acquire such property in 
        restricted and trust status; and
            (4) transfer to the Secretary the Federal instrumentality 
        jurisdiction of the Oklahoma State courts together with other 
        authority currently exercised by such courts over the 
        conveyance, devise, inheritance, lease, encumbrance, and 
        partition under certain circumstances of restricted property 
        belonging to Indian citizens of the Five Nations.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to limit or affect the rights of Indian citizens under other Federal 
laws relating to the acquisition and status of trust property, 
including without limitation, the Act of June 18, 1934 (25 U.S.C. 461 
et seq.) (commonly known as the Indian Reorganization Act), the Act of 
June 26, 1936 (25 U.S.C. 501 et seq.) (commonly known as the Oklahoma 
Indian Welfare Act), the Indian Land Consolidation Act (25 U.S.C. 2201 
et seq.), and regulations relating to the Secretary's authority to 
acquire lands in trust for Indians and Indian tribes.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Five nations.--The term ``Five Nations'' means the 
        Cherokee Nation, the Chickasaw Nation, the Choctaw Nation of 
        Oklahoma, the Seminole Nation of Oklahoma, and the Muscogee 
        (Creek) Nation, collectively, which are historically referred 
        to as the ``Five Civilized Tribes''.
            (2) Indian citizen.--The term ``Indian citizen'' means a 
        member or citizen of one of the individual Five Nations 
        referred to in paragraph (1), or an individual who is a lineal 
        descendant by blood of an Indian ancestor enrolled on the final 
        Indian rolls of the Five Civilized Tribes closed in 1906.
            (3) Indian country.--The term ``Indian country'' has the 
        meaning given that term in section 1151 of title 18, United 
        States Code, which includes restricted property and trust 
        property (as such terms are defined in this Act).
            (4) Indian nation.--The term ``Indian Nation'' means one of 
        the individual Five Nations referred to in paragraph (1).
            (5) Regional office.--The term ``Regional Office'' means 
        the Eastern Oklahoma Regional Office of the Bureau of Indian 
        Affairs, or any successor office within the Department of the 
        Interior.
            (6) Restricted property.--The term ``restricted property'' 
        means any right, title, or interest in real property owned by 
        an Indian citizen that is subject to a restriction against 
        alienation, conveyance, lease, mortgage, creation of liens, or 
        other encumbrances imposed by this Act and other laws of the 
        United States expressly applicable to the property of enrollees 
        and lineal descendants of enrollees on the final Indian rolls 
        of the Five Civilized Tribes in 1906, and includes, without 
        limitation, those interests in property that were subject to a 
        restriction against alienation imposed by the United States on 
        the ownership of an Indian citizen who died prior to the 
        effective date of this Act but whose interest had not, as of 
        the effective date of this Act--
                    (A) been the subject of a final order determining 
                heirs by a State district court or a United States 
                district court;
                    (B) been conveyed by heirs by deed approved in 
                State district court; or
                    (C) been conveyed by heirs of less than one-half 
                degree of Indian blood with or without State district 
                court approval.
        The term restricted property shall not include Indian trust 
        allotments made pursuant to the General Allotment Act (25 
        U.S.C. 331 et seq.) or any other trust property.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the designee of the Secretary of the 
        Interior.
            (8) Trust property.--The term ``trust property'' means 
        Indian property, title to which is held in trust by the United 
        States for the benefit of an Indian citizen or an Indian 
        Nation.

             TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS

SEC. 101. RESTRICTIONS ON REAL PROPERTY.

    (a) Application.--Beginning on the effective date of this Act, all 
restricted property shall be subject to restrictions against 
alienation, conveyance, lease, mortgage, creation of liens, or other 
encumbrances, regardless of the degree of Indian blood of the Indian 
citizen who owns such property.
    (b) Continuation.--
            (1) In general.--The restrictions made applicable under 
        subsection (a) shall continue with respect to restricted 
        property upon the acquisition of such property by an Indian 
        citizen by inheritance, devise, gift, or exchange.
            (2) With waiver.--The restrictions made applicable under 
        subsection (a) shall continue with respect to restricted 
        property upon the acquisition of such property by an Indian 
        citizen by election to take at partition or by purchase, but 
        only if--
                    (A) prior to the execution of the deed transferring 
                such restricted property, the Indian citizen who owned 
                such property prior to such election to take or 
                purchase executes a written waiver of his or her right 
                to acquire other property in restricted status pursuant 
                to section 102; and
                    (B) such restrictions appear in the deed 
                transferring such property to the Indian citizen 
                electing to take at partition or purchasing such 
                property, together with certification on said deed by 
                the Secretary that the requirements of this paragraph 
                have been met.

SEC. 102. REINVESTMENT OF PROCEEDS FROM CONDEMNATION OR CONVEYANCE OF 
              RESTRICTED PROPERTY.

    (a) Requirement.--Upon the conveyance of the restricted property of 
an Indian citizen pursuant to this Act, or upon the conveyance or 
condemnation of such property pursuant to section 3 of the Act of March 
3, 1901 (25 U.S.C. 357) or other Federal laws generally applicable to 
the condemnation of Indian trust or restricted property, to any 
individual, corporation, or other entity, any proceeds from such 
conveyance or condemnation shall be used to purchase from a willing 
seller other property designated by such Indian citizen, and such 
designated property shall be restricted property within the meaning of 
this Act if--
            (1) such proceeds were deposited into a segregated account 
        in a trust fund under the supervision of the Secretary at the 
        request of the Indian citizen;
            (2) such Indian citizen provides a written request to the 
        Secretary for payment of all or a portion of such proceeds for 
        purchase of property to be held in restricted status;
            (3) such Indian citizen has not executed a written waiver 
        of his or her right to acquire other property in restricted 
        status pursuant to section 101; and
            (4) such restrictions appear in the conveyance to the 
        Indian citizen with certification by the Secretary that the 
        requirements of this section have been met.
    (b) Fair Market Value in Excess of Proceeds.--If the fair market 
value of any property designated under subsection (a) exceeds the 
amount of proceeds that are derived from the conveyance or condemnation 
involved, a specific tract of land within the property shall be 
designated by the Indian citizen for placement in restricted status. 
The size of the restricted tract of land so designated shall be in the 
same proportion to the whole of the property as the proceeds derived 
from the conveyance or condemnation bears to the fair market value of 
the whole of the property. Such restrictions shall appear  on the face 
of the deed with certification by the Secretary describing that portion 
of the property which is subject to restrictions and certifying that 
the requirements of this section have been met.

SEC. 103. RESTRICTED FUNDS.

    (a) In General.--All funds and securities held or supervised by the 
Secretary derived from restricted property or individual Indian trust 
property on or after the effective date of this Act, including proceeds 
from any conveyance or condemnation as provided for in section 102, are 
declared to be restricted and shall remain subject to the jurisdiction 
of the Secretary until or unless otherwise provided for by Federal law.
    (b) Use of Funds.--Funds, securities, and proceeds described in 
subsection (a) may be released or expended by the Secretary for the use 
and benefit of the Indian citizens to whom such funds, securities, and 
proceeds belong, as provided for by Federal law.

SEC. 104. PERIOD OF RESTRICTIONS.

    Subject to the provisions of this Act that permit restrictions to 
be removed, the period of restriction against alienation, conveyance, 
lease, mortgage, creation of liens, or other encumbrances of restricted 
property and funds belonging to Indian citizens, is hereby extended 
until an Act of Congress determines otherwise.

SEC. 105. REMOVAL OF RESTRICTIONS.

    (a) Procedure.--
            (1) Application.--An Indian citizen who owns restricted 
        property, or the legal guardian of a minor Indian citizen or an 
        Indian citizen who has been determined to be legally 
        incompetent by a court of competent jurisdiction (including a 
        tribal court), may apply to the Secretary for an order removing 
        restrictions on any interest in restricted property held by 
        such Indian citizen.
            (2) Consideration of application.--An application under 
        paragraph (1) shall be considered by the Secretary only as to 
        the tract, tracts, or severed mineral or surface interest 
        described in the application. Not later than 90 days after the 
        date on which an application is submitted, the Secretary shall 
        either issue the removal order or disapprove the application.
            (3) Disapproval.--The Secretary shall disapprove an 
        application under paragraph (1) if--
                    (A) in the Secretary's judgment, the applicant has 
                been subjected to fraud, undue influence, or duress by 
                a third party; or
                    (B) the Secretary determines it is otherwise not in 
                the Indian citizen owner's best interest.
    (b) Removal of Restrictions.--When an order to remove restrictions 
becomes effective under subsection (a), the Secretary shall issue a 
certificate describing the property and stating that the Federal 
restrictions have been removed.
    (c) Submission of List.--Prior to or on April 1 of each year, the 
Secretary shall cause to be filed with the county treasurer of each 
county in the State of Oklahoma where restricted property is situated, 
a list of restricted property that has lost its restricted status 
during the preceding calendar year through acquisition of ownership by 
an individual or entity who is not an Indian citizen or by removal of 
restrictions pursuant to this section.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to--
            (1) abrogate valid existing rights to property that is 
        subject to an order to remove restrictions under this section; 
        and
            (2) remove restrictions on any other restricted property 
        owned by the applicant.

SEC. 106. EXEMPTIONS FROM PRIOR CLAIMS.

    Sections 4 and 5 of the Act of May 27, 1908 (35 Stat. 312, chapter 
199), shall apply to all restricted property.

SEC. 107. FRACTIONAL INTERESTS.

    Upon application by an Indian citizen owner of an undivided 
unrestricted interest in property of which a portion of the interests 
in such property is restricted as of the effective date of this Act, 
the Secretary is authorized to convert that unrestricted interest into 
restricted status if all of the interests in the property are owned by 
Indian citizens as tenants in common as of the date of the application 
under this section.

 TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES, 
             AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS

SEC. 201. APPROVAL AUTHORITY FOR CONVEYANCES AND LEASES.

    The Secretary shall have exclusive jurisdiction to approve 
conveyances and leases of restricted property by an Indian citizen or 
by any guardian or conservator of any Indian citizen who is a ward in 
any guardianship or conservatorship proceeding pending in any court of 
competent jurisdiction, except that petitions for such approvals that 
are filed in Oklahoma district courts prior to the effective date of 
this Act may be heard and approved by such courts pursuant to the 
procedures described in section 1 of the Act of August 4, 1947 (61 
Stat. 731, chapter 458), as in effect on the day before the effective 
date of this Act, if the Indian citizen does not revoke in writing his 
or her consent to the conveyance or lease prior to final court 
approval.

SEC. 202. APPROVAL OF CONVEYANCES.

    (a) Procedure.--
            (1) In general.--Except as provided in subsection (b), 
        restricted property may be conveyed by an Indian citizen 
        pursuant to the procedures described in this subsection.
            (2) Requirements.--An Indian citizen may only convey 
        restricted property--
                    (A) after the property is appraised by the 
                Secretary;
                    (B) for an amount that is not less than 90 percent 
                of the appraised value of the property;
                    (C) to the highest bidder through the submission to 
                the Secretary of closed, silent bids or negotiated 
                bids; and
                    (D) upon the approval of the Secretary.
    (b) Exception.--
            (1) In general.--Notwithstanding subsection (a)(2), an 
        Indian citizen may convey his or her restricted property, or 
        any portion thereof, to any of the individuals or entities 
        described in paragraph (2)  without soliciting bids, providing 
notice, or for consideration which is less than the appraised value of 
the property, if the Secretary determines that the conveyance is not 
contrary to the best interests of the Indian citizen and that the 
Indian citizen has been duly informed of and understands the fair 
market appraisal, and is not being coerced into the conveyance.
            (2) Individuals and entities.--An individual or entity 
        described in this paragraph is--
                    (A) the Indian citizen's spouse (if he or she is an 
                Indian citizen), father, mother, son, daughter, brother 
                or sister, or other lineal descendant, aunt or uncle, 
                cousin, niece or nephew, or Indian co-owner; or
                    (B) the Indian Nation whose last treaty boundaries 
                encompassed the restricted property involved so long as 
                the appraisal of the property was conducted by an 
                independent appraiser not subject to the Indian 
                Nation's control.
    (c) Status.--Restricted property that is acquired by an Indian 
Nation whose last treaty boundaries encompassed the restricted property 
shall continue to be Indian country. Upon application by the Indian 
Nation, the Secretary shall accept title to such property in trust by 
the United States for the benefit of the Indian Nation, except that the 
Secretary may first require elimination of any existing liens or other 
encumbrances in order to comply with applicable Federal title 
standards. The Secretary shall accept title to the property in trust 
for the Indian Nation only if, after conducting a survey for hazardous 
substances, he determines that there is no evidence of such substances 
on the property.

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

    (a) In General.--In any case where the restrictions have been 
removed from restricted property for the purpose of allowing 
conveyances of the property to Indian housing authorities to enable 
such authorities to build homes for individual owners or relatives of 
owners of restricted property, the Secretary shall issue a Certificate 
of Restricted Status describing the property and imposing restrictions 
thereon upon written request by the Indian citizen homebuyer or a 
successor Indian citizen homebuyer. Such request shall include evidence 
satisfactory to the Secretary that the homebuyer's contract has been 
paid in full and be delivered to the Regional Office not later than 3 
years after the housing authority conveys such property back to the 
original Indian citizen homebuyer or a successor Indian citizen 
homebuyer who is a citizen of the Nation whose last treaty boundaries 
encompass the property where the home is located.
    (b) Existing Liens.--Prior to issuing a certificate under 
subsection (a) with respect to property, the Secretary may require the 
elimination of any existing liens or other encumbrances which would 
substantially interfere with the use of the property.
    (c) Application to Certain Homebuyers.--Indian citizen homebuyers 
described in subsection (a) who acquired ownership of property prior to 
the effective date of this Act shall have 3 years from such effective 
date to request that the Secretary issue a certificate under such 
subsection.
    (d) Rule of Construction.--Nothing in this Act shall be construed 
to limit or affect the rights of Indian citizens described in this 
section under other Federal laws and regulations relating to the 
acquisition and status of trust property.

SEC. 204. ADMINISTRATIVE PARTITION.

    (a) Jurisdiction.--Except as provided in section 304, the Secretary 
shall have exclusive jurisdiction to approve the partition of property 
located within the last treaty boundaries of 1 or more of the Five 
Nations, all of which is held in common, in trust, or in restricted 
status, by more than 1 Indian citizen owner, if the requirements of 
this section are complied with. The Secretary may approve the voluntary 
partition of property consisting of both restricted and unrestricted 
undivided interests if all owners of the unrestricted interests consent 
to such approval in writing.
    (b) Partition Without Application.--If the Secretary determines 
that any property described in subsection (a) is capable of partition 
in kind to the advantage of the owners, the Secretary may initiate 
partition of the property by--
            (1) notifying the owners of such determination;
            (2) providing the owners with a partition plan for such 
        property; and
            (3) affording the owners a reasonable time to respond, 
        object, or consent to the proposal, in accordance with 
        subsection (d).
    (c) Application for Partition.--
            (1) In general.--An owner or owners of an undivided 
        interest in any property described in subsection (a) may make 
        written application, on a form approved by the Secretary, for 
        the partition of their trust or restricted property.
            (2) Determination.--If, based on an application submitted 
        under paragraph (1), the Secretary determines that the property 
        involved is susceptible to partition in kind, the Secretary 
        shall initiate partition of the property by--
                    (A) notifying the owners of such determination;
                    (B) providing the owners with a partition plan; and
                    (C) affording the owners a reasonable time to 
                respond, object, or consent in accordance with 
                subsection (d).
    (d) Partition Procedures.--
            (1) Proposed land division plan.--The Secretary shall give 
        applicants under subsection (c) and nonpetitioning owners of 
        property subject to partition under this section with a 
        reasonable opportunity to negotiate a proposed land division 
        plan for the purpose of securing ownership of a tract on the 
        property equivalent to their respective interests in the 
        undivided estate, prior to taking any action related to 
        partition of the property under this section.
            (2) Approval.--If a plan under paragraph (1) is approved 
        by--
                    (A) Indian citizen owners of more than 50 percent 
                of the property which is entirely in trust status (as 
                distinguished from restricted  status) and if the 
Secretary finds the plan to be reasonable, fair, and equitable, the 
Secretary shall issue an order partitioning the trust property in kind; 
or
                    (B) the Indian citizens who own more than 50 
                percent of the undivided interests which are held in 
                restricted status (as distinguished from trust status) 
                and if the Secretary finds the plan to be reasonable, 
                fair, and equitable, the Secretary may attempt to 
                negotiate for partition in kind or for sale of all or a 
                portion of the property, and secure deeds from all 
                interest owners, subject to the Secretary's approval.
            (3) Limitation.--No partition under paragraph (2)(B) shall 
        be effected unless all of the owners have consented to the plan 
        in writing.

SEC. 205. SURFACE LEASES.

    The surface of restricted property may be leased by an Indian 
citizen pursuant to the Act of August 9, 1955 (25 U.S.C. 415 et seq.), 
except that the Secretary may approve any agricultural lease or permit 
with respect to restricted property in accordance with the provisions 
of section 105 of the American Indian Agricultural Resource Management 
Act (25 U.S.C. 3715).

SEC. 206. MINERAL LEASES.

    (a) Approval.--
            (1) General rule.--No mineral lease or agreement purporting 
        to convey or create any interest in restricted or trust 
        property that is entered into or renewed after the effective 
        date of this Act shall be valid unless approved by the 
        Secretary.
            (2) Requirements.--The Secretary may approve a mineral 
        lease or agreement described in paragraph (1) only if--
                    (A) the owners of a majority of the undivided 
                interest in the restricted or trust mineral estate that 
                is the subject of the mineral lease or agreement 
                (including any interest covered by a lease or agreement 
                executed by the Secretary under subsection (c)) consent 
                to the lease or agreement;
                    (B) the Secretary determines that approving the 
                lease or agreement is in the best interest of the 
                Indian citizen owners of the restricted or trust 
                mineral interests; and
                    (C) the Secretary has accepted the highest bid for 
                such lease or agreement after a competitive bidding 
                process has been conducted by the Secretary, unless the 
                Secretary has determined that it is in the best 
                interest of the Indian citizen to award a lease made by 
                negotiation, and the Indian citizen so consents.
    (b) Effect of Approval.--Upon the approval of a mineral lease or 
agreement by the Secretary under subsection (a), the lease or agreement 
shall be binding upon all owners of the restricted or trust undivided 
interests subject to the lease or agreement (including any interest 
owned by an Indian tribe) and all other parties to the lease or 
agreement, to the same extent as if all of the Indian citizen owners of 
the restricted or trust mineral interests involved had consented to the 
lease or agreement.
    (c) Execution of Lease or Agreement by Secretary.--The Secretary 
may execute a mineral lease or agreement that affects restricted or 
trust property interests on behalf of an Indian citizen owner if that 
owner is deceased and the heirs to, or devisees of, the interest of the 
deceased owner have not been determined, or if the heirs or devisees 
have been determined but one or more of the heirs or devisees cannot be 
located.
    (d) Distribution of Proceeds.--The proceeds derived from a mineral 
lease or agreement approved by the Secretary under subsection (a) shall 
be distributed in accordance with the interest held by each owner 
pursuant to such rules and regulations as may be promulgated by the 
Secretary.
    (e) Communitization Agreements.--No unleased restricted or trust 
property located within a spacing and drilling unit approved by the 
Oklahoma Corporation Commission may be drained of any oil or gas by a 
well within such unit without a communitization agreement prepared and 
approved by the Secretary, except that in the event of any such 
drainage without a communitization agreement approved by the Secretary, 
100 percent of all revenues derived from the production from any such 
restricted or trust property shall be paid to the Indian citizen owner 
free of all lifting and other production costs.

SEC. 207. MANAGEMENT OF MINERAL INTERESTS.

    (a) Oil and Gas Conservation Laws.--
            (1) In general.--The oil and gas conservation laws of the 
        State of Oklahoma shall apply to restricted property.
            (2) Enforcement.--The Oklahoma Corporation Commission shall 
        have the authority to perform ministerial functions related to 
        the enforcement of the laws referred to in paragraph (1), 
        including enforcement actions against well operators, except 
        that no order of the Corporation Commission affecting 
        restricted Indian property shall be valid as to such property 
        until such order is submitted to and approved by the Secretary.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to limit the authority of the Indian Nations to 
        protect the environment and natural resources of restricted 
        property.
    (b) Implementation of Federal Oil and Gas Royalty Management Act.--
Beginning on the effective date of this Act, the Secretary shall 
exercise all the duties and responsibilities of the Secretary under the 
Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702 et 
seq.) with respect to an oil and gas lease where--
            (1) the Secretary has approved the oil and gas lease 
        pursuant to section 206(a);
            (2) the Secretary has, prior to the effective date of this 
        Act, approved the oil and gas lease pursuant to the Act of May 
        27, 1908 (35 Stat. 312, chapter 199); or
            (3) the Secretary has, before the effective date of this 
        Act, approved an oil and gas lease of lands of any of the Five 
        Nations pursuant to the Act of May 11, 1938 (25 U.S.C. 396a et 
        seq.).

SEC. 208. MORTGAGES.

    An Indian citizen may mortgage restricted property only in 
accordance with and under the authority of the Act of March 29, 1956 
(25 U.S.C. 483a), or other Federal  laws applicable to the mortgaging 
of individual Indian trust property or restricted property.

    TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER JUDICIAL 
                              PROCEEDINGS

SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.

    The courts of the State of Oklahoma shall not have jurisdiction 
over actions affecting title to, or use or disposition of, trust 
property or restricted property except as authorized by this Act or by 
other Federal laws applicable to trust property or restricted property.

SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.

    (a) Jurisdiction.--Except as provided in section 306, the Secretary 
shall have exclusive jurisdiction, acting through an administrative law 
judge or other official designated by the Secretary, to probate wills 
or otherwise determine heirs of deceased Indian citizens and to 
adjudicate all such estate actions to the extent that they involve 
individual trust property, restricted property, or restricted or trust 
funds or securities held or supervised by the Secretary derived from 
such property.
    (b) Governing Laws.--Notwithstanding any other provision of law, 
the administrative law judge or other official designated by the 
Secretary shall exercise the Secretary's jurisdiction and authority 
under this section in accordance with the Indian Land Consolidation Act 
(25 U.S.C. 2201 et seq.) and such rules and regulations which 
heretofore have been, or will be, prescribed by the Secretary for the 
probate of wills, determination of heirs, and distribution of property 
in estates of Indian decedents, subject to the following requirements:
            (1) Law applicable to estates of indian citizen decedents 
        who died prior to effective date.--The administrative law judge 
        or other official designated by the Secretary shall apply the 
        laws of descent and distribution of the State of Oklahoma 
        contained in title 84 of the Oklahoma Statutes, chapter 4, to 
        all restricted property, trust property, and all restricted or 
        trust funds or securities derived from such property in the 
        estates of deceased Indian citizens who died intestate prior to 
        the effective date of this Act.
            (2) Law applicable to wills executed prior to effective 
        date.--The administrative law judge or other official 
        designated by the Secretary shall determine the validity and 
        effect of wills as to estates containing trust property or 
        restricted property when such wills were executed by Indian 
        citizens prior to the effective date of this Act, in accordance 
        with the laws of the State of Oklahoma governing the validity 
        and effect of wills, provided that the will of a full-blood 
        Indian citizen which disinherits the parent, wife, spouse, or 
        children of such citizen shall not be valid with respect to the 
        disposition of restricted property unless the requirements of 
        section 23 of the Act of April 26, 1906 (34 Stat. 137, chapter 
        1876), as in effect on the day before the effective date of 
        this Act, are met.
            (3) Law applicable to wills executed after effective 
        date.--
                    (A) In general.--Any Indian citizen who has 
                attained age 18 and owns restricted property or trust 
                property shall have the right to dispose of such 
                property by will, executed on or after the effective 
                date of this Act in accordance with regulations which 
                heretofore have been, or will be, prescribed by the 
                Secretary for the probate of wills, provided--
                            (i) no will so executed shall be valid or 
                        have any force or effect unless and until such 
                        will has been approved by the Secretary; and
                            (ii) that the Secretary may approve or 
                        disapprove such will either before or after the 
                        death of the Indian citizen testator.
                    (B) Fraud.--In any case where a will has been 
                approved by the Secretary under subparagraph (A) and it 
                is subsequently discovered that there was fraud in 
                connection with the execution or procurement of the 
                will, the Secretary is authorized, within 1 year after 
                the death of the testator, to cancel approval of the 
                will. If an approval is canceled in accordance with the 
                preceding sentence, the property purported to be 
                disposed of in the will shall descend or be distributed 
                in accordance with the Secretary's rules and 
                regulations applicable to estates of Indian decedents 
                who die intestate.
            (4) Federal law controls.--Notwithstanding any other 
        provision of this section, Federal law governing personal 
        claims against a deceased Indian citizen or against trust 
        property or restricted property, including the restrictions 
        imposed by this Act or other applicable Federal law against the 
        alienation, conveyance, lease, mortgage, creation of liens, or 
        other encumbrances of trust property or restricted property 
        shall apply to all such property contained in the estate of the 
        deceased Indian citizen.

SEC. 303. ACTIONS TO CURE TITLE DEFECTS.

    (a) Jurisdiction.--Except as provided in subsections (b) and (c), 
the United States district courts in the State of Oklahoma and the 
State courts of Oklahoma shall retain jurisdiction over actions seeking 
to cure defects affecting the marketability of title to restricted 
property, except that all such actions shall be subject to the 
requirements of section 305.
    (b) Adverse Possession.--No cause of action may be brought to claim 
title to or an interest in restricted property by adverse possession or 
the doctrine of laches on or after the effective date of this Act, 
except that--
            (1) all such causes that are pending on the effective date 
        of this Act in accordance with the provisions of section 3 of 
        the Act of April 12, 1926 (44 Stat. 239, chapter 115), shall be 
        subject to section 306; and
            (2) an action to quiet title to an interest in restricted 
        property on the basis of adverse possession may be filed in the 
        courts of the State of Oklahoma provided that all requirements 
        of Oklahoma law for acquiring title by adverse possession, 
        including the running of the full 15-year limitations period, 
        have been met prior to the effective date of this Act and the 
        procedures set forth in section 305 shall be followed; 
        provided, however, the claimant in any such  action must show 
by clear and convincing evidence that the limitations period had run in 
full prior to the effective date of this Act.
    (c) Heirship Determinations and Dispositions.--Nothing in this 
section shall be construed to authorize a determination of heirs in a 
quiet title action in Federal or State court in derogation of the 
Secretary's exclusive jurisdiction to probate wills or otherwise 
determine heirs of the deceased Indian citizens owning restricted 
property and to adjudicate all such estate actions involving restricted 
property pursuant to section 302, or in derogation of the Secretary's 
exclusive jurisdiction over the disposition of restricted property 
under this Act. Provided, any grantee of an heir who, prior to the 
effective date of this Act and in accordance with applicable Federal 
laws, conveyed, leased, or otherwise encumbered his or her interest in 
the restricted property of an unprobated estate of an Indian citizen 
decedent shall have standing to request that the Secretary determine 
the heirs of the decedent in order to establish marketable title in 
said grantee. For purposes of this subsection the term grantee shall 
include any grantee, lessee, or mortgagee of such heir and any 
successors or assigns of such grantee.

SEC. 304. INVOLUNTARY PARTITIONS.

    (a) Jurisdiction.--The United States district courts in the State 
of Oklahoma and the State courts of Oklahoma shall retain jurisdiction 
over actions for the involuntary partition of property consisting 
entirely or partially of undivided restricted interests, subject to the 
provisions of subsections (b) through (e) and the requirements in 
section 306.
    (b) Applicable Law.--The laws of the State of Oklahoma governing 
the partition of property shall be applicable to all actions for 
involuntary partition under this section, except to the extent that any 
such laws are in conflict with any provisions of this Act.
    (c) Petition; Consent of Owners of Majority of Undivided 
Interests.--Any person who owns an undivided interest in a tract of 
property described in subsection (a) may file an action in the district 
court of the State of Oklahoma for the county wherein the tract is 
located for the involuntary partition of such tract. The court shall 
not grant the petition unless the owner or owners of more than 50 
percent of the tract consent to the partition in the verified petition 
or verified answer filed in the action.
    (d) Payment to Nonconsenting Owners of Restricted Interests.--
Nonconsenting owners of undivided restricted interests shall receive 
for the sale of such interests their proportionate share of the greater 
of--
            (1) the proceeds paid at the partition sale; or
            (2) an amount equal to 100 percent of the appraised value 
        of the tract.
    (e) Costs.--A nonconsenting Indian citizen owner of restricted 
interests shall not be liable for any filing fees or costs of an action 
under this section, including the cost of an appraisal, advertisement, 
and sale, and no such costs shall be charged against such nonconsenting 
owner's share of the proceeds of sale.

SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE TITLE DEFECTS AND 
              INVOLUNTARY PARTITIONS.

    (a) In General.--All actions authorized by sections 303 and 304 
shall be conducted in accordance with the requirements and procedures 
described in this section.
    (b) Parties.--
            (1) United states.--The United States shall not be a 
        necessary and indispensable party to an action authorized under 
        section 303 or 304. The Secretary may participate as a party in 
        any such action.
            (2) Participation of secretary.--If the Secretary elects to 
        participate in an action as provided for under paragraph (1), 
        the responsive pleading of the Secretary shall be made not 
        later than 20  days after the Secretary receives the notice 
required under subsection (c), or within such extended time as the 
trial court in its discretion may permit.
            (3) Judgment binding.--After the appearance of the 
        Secretary in any action described in paragraph (1), or after 
        the expiration of the time in which the Secretary is authorized 
        to respond under paragraph (2), the proceedings and judgment in 
        such action shall be binding on the United States and the 
        parties upon whom service has been made and shall affect the 
        title to the restricted property which is the subject of the 
        action, in the same manner and extent as though nonrestricted 
        property were involved.
            (4) Rule of construction.--Nothing in this section shall be 
        construed to waive the requirement of service of summons in 
        accordance with applicable Federal or State law upon the 
        individual Indian citizen landowners, who shall be necessary 
        and indispensable parties to all actions authorized by sections 
        303 and 304.
    (c) Notice.--
            (1) In general.--The plaintiff in any action authorized by 
        sections 303 and 304 shall serve written notice of the filing 
        of such action and of a petition or complaint, or any amended 
        petition or complaint which substantially changes the nature of 
        the action or includes a new cause of action, upon the Director 
        of the Regional Office not later than 10 days after the filing 
        of any such petition or complaint or any such amended petition 
        or complaint.
            (2) Filing with clerk.--A duplicate original of any notice 
        served under paragraph (1) shall be filed with the clerk of the 
        court in which the action is pending.
            (3) Requirements.--The notice required under paragraph (1) 
        shall--
                    (A) be accompanied by a certified copy of all 
                pleadings on file in the action at the time of the 
                filing of the duplicate original notice with the clerk 
                under paragraph (2);
                    (B) be signed by the plaintiff to the action or his 
                or her counsel of record; and
                    (C) be served by certified mail, return receipt 
                requested, and due return of service made thereon, 
                showing date of receipt and service of notice.
            (4) Failure to serve.--If the notice required under 
        paragraph (1) is not served within the time required under such 
        paragraph, or if return of service thereof is not made within 
        the time permitted by law for the return of service of summons, 
        alias notices may be provided until service and return of 
        notice is made, except that in the event that service of the 
        notice required under such paragraph is not made within 60 days 
        following the filing of the petition or complaint or amendments 
        thereof, the action shall be dismissed without prejudice.
            (5) Limitation.--In no event shall the United States or the 
        parties named in a notice filed under paragraph (1) be bound, 
        or title to the restricted property be affected, unless written 
        notice is served upon the Director as required under this 
        subsection.
    (d) Removal.--
            (1) In general.--The United States shall have the right to 
        remove any action to which this section applies that is pending 
        in a State court to the United States district court by filing 
        with the State court, not later than 20 days after the service 
        of any notice with respect to such action under subsection (c), 
        or within such extended period of time as the trial court in 
        its discretion may permit, a notice of the removal of such 
        action to such United States district court, together with the 
        certified copy  of the pleadings in such action as served on 
the Director of the Regional Office under subsection (c).
            (2) Duty of state court.--It shall be the duty of a State 
        court to accept a notice filed under paragraph (1) and cease 
        all proceedings with respect to such action.
            (3) Pleadings.--Not later than 20 days after the filing of 
        a notice under paragraph (1), the copy of the pleadings 
        involved (as provided under such paragraph) shall be entered in 
        the district court of the United States and the defendants and 
        intervenors in such action shall, not later than 20 days after 
        the pleadings are so entered, file a responsive pleading to the 
        complaint in such action.
            (4) Proceedings.--Upon the submission of the filings 
        required under paragraph (3), the action shall proceed in the 
        same manner as if it had been originally commenced in the 
        district court, and its judgment may be reviewed by certiorari, 
        appeal, or writ of error in like manner as if the action had 
        been originally brought in such district court.

SEC. 306. PENDING STATE PROCEEDINGS.

    The courts of the State of Oklahoma shall continue to exercise 
authority as a Federal instrumentality over all heirship, probate, 
partition, and other actions involving restricted property that are 
pending on the effective date of this Act until the issuance of a final 
judgment and exhaustion of all appeal rights in any such action, or 
until the petitioner, personal representative, or the State court 
dismisses the action in accordance with State law.

                        TITLE IV--MISCELLANEOUS

SEC. 401. REGULATIONS.

    The Secretary may promulgate such regulations as may be necessary 
to carry out this Act, except that failure to promulgate such 
regulations shall not limit or delay the effect of this Act.

SEC. 402. VALIDATION OF CERTAIN TRANSACTIONS; SAVINGS CLAUSE.

    (a) Validation of Certain Title Transactions.--Any person having 
the legal capacity to own real property in the State of Oklahoma who 
claims ownership of an interest in such property through an unbroken 
chain of title of record, the title to which interest is or may be 
defective as a result of any transaction described in paragraphs (1) 
through (5) of this subsection that occurred in such chain of title, 
may cure the defect in title and validate the transaction by following 
the procedures of this section. When all conditions and requirements of 
this section have been met, and if no notice of objection has been 
timely filed by the Regional Director under subsection (c) or by any 
other person under subsection (f), the transaction shall be validated 
and shall not be considered a defect in the muniments of title but only 
insofar as the defect is based on or arises from Federal statutes 
applicable to the conveyance or inheritance of restricted property in 
effect at the time of the transaction.
            (1) Any probate order issued by a county court of the State 
        of Oklahoma prior to the effective date of the Act of June 14, 
        1918, 40 Stat. 606, purporting to probate the estate of a 
        deceased Indian citizen who died owning property which was 
        subject to restrictions against alienation pursuant to Federal 
        statutes in effect at the time of issuance of such probate 
        order;
            (2) Any probate order issued by a county or district court 
        of the State of Oklahoma more than 30 years prior to the 
        effective date of this Act purporting to probate the estate of 
        a deceased Indian citizen who died owning property which was 
        subject to restrictions against alienation pursuant to Federal 
        law in effect at the time of issuance of such probate order, 
        where notice was not given as required by Federal statutes in 
        effect at the time;
            (3) Any conveyance of record, including an oil and gas or 
        mineral lease, of an interest in individual trust property or 
        property which was subject to restrictions against alienation 
        pursuant to Federal statutes in effect at the time of the 
        conveyance executed by a person who was an heir or purported 
        heir of the decedent, if such conveyance was approved by a 
        county or district court in Oklahoma more than 30 years before 
        the effective date of this Act but where no judicial or 
        administrative order of record was issued before or after such 
        approval finding that such person was in fact the heir to the 
        interest conveyed;
            (4) Any conveyance of record, including an oil and gas or 
        mineral lease, of individual trust property or property which 
        was subject to restrictions against alienation pursuant to 
        Federal statutes in effect at the time of the conveyance that 
        was approved by a county or district court in Oklahoma or by 
        the Secretary more than 30 years before the effective date of 
        this Act, where--
                    (A) approval was not in compliance with the notice 
                requirements of Federal statutes governing the 
                conveyance of said individual trust property or said 
                restricted property; or
                    (B) approval was given by a county or district 
                court in Oklahoma of a conveyance of the  property by a 
personal representative in a probate action over which said county or 
district court possessed jurisdiction, without compliance with Federal 
statutes governing the conveyance of the property in effect at the time 
of the conveyance;
            (5) Any conveyance of record, including an oil and gas or 
        mineral lease, of individual trust property or property which 
        was subject to restrictions against alienation pursuant to 
        Federal statutes in effect at the time of the conveyance that 
        was approved by a county or district court in Oklahoma or by 
        the Secretary at any time before the effective date of this 
        Act, where--
                    (A) approval was given by the Secretary where the 
                Federal statutes governing the conveyance of the 
                property required approval by a county or district 
                court in Oklahoma; or
                    (B) approval was given by a county or district 
                court in Oklahoma where the Federal statutes governing 
                the conveyance of the property in effect at the time of 
                the conveyance required approval of the Secretary.
    (b) Notice of Claim; Service and Recording.--Any claimant described 
in subsection (a) must serve written notice of his or her claim by 
certified mail, return receipt requested, on the Regional Director, and 
file the notice of claim, together with a copy of the return receipt 
showing delivery to the office of the Regional Director, in the office 
of county clerk in the county or counties wherein the property is 
located. The notice shall not be complete for the purposes of this 
section until it has been served on the Regional Director and filed of 
record as herein provided. The notice of claim shall set forth the 
following:
            (1) The claimant's name and mailing address.
            (2) An accurate and full description of all property 
        affected by such notice, which description -shall be set forth 
        in particular terms and not be general inclusions; but if said 
        claim is founded upon a recorded instrument, then the 
        description in such notice may be the same as that contained in 
        such recorded instrument.
            (3) A specific reference to or description of each title 
        transaction in the chain of title that the claimant is 
        attempting to validate pursuant to this section.
            (4) A list of all documents of record that are part of the 
        claimant's unbroken chain of title, copies of which documents 
        shall be served with the notice.
    (c) Response Deadline; Extension.--The Regional Director shall have 
60 days from date of receipt of the notice of claim in which to notify 
the claimant in writing that the Regional Director exercises 
discretionary authority to object to the claim for any reason; 
provided, the Regional Director shall be entitled to an automatic 
extension of time of 60 days in which to object to the claim upon the 
Regional Director's service of written notice of extension on the 
claimant within the initial 60-day response period.
    (d) Notice of Objection; Remedies.--The Regional Director shall 
send the notice of objection and any notice of extension of time to the 
claimant by certified mail to the address set forth in the claimant's 
notice to the Director. The Director's notice of objection or notice of 
extension of time shall include a description of the property and shall 
be effective on the date of mailing. The Director shall file the notice 
of objection or notice of extension of time in the office of the county 
clerk for the county or counties wherein the property is located within 
30 days after the date of mailing of the notice to the claimant. If the 
Regional Director notifies the claimant that the Regional Director 
objects to the claim, such decision shall be final for the Department 
and the claimant's sole remedies shall be to file an action to cure 
title defects pursuant to section 303 of this Act or to request a 
determination of heirs in accordance with section 302 of this Act.
    (e) Undisputed Claim.--If, in the exercise of discretion, the 
Regional Director does not object to the claim, then the Regional 
Director may notify the claimant that the matter is not in dispute. 
Failure of the Regional Director to notify the claimant of the Regional 
Director's objection within the initial 60-day period, or within the 
60-day extension period if notice of an extension was given, shall 
constitute acceptance of the claim. If the Director does not file an 
objection to the claim of record within the time required by subsection 
(d), the title transaction described in the claimant's notice shall be 
deemed validated and shall not be considered a defect in the muniments 
of the claimant's title based on or arising from Federal statutes 
governing the conveyance of restricted property in effect at the time 
of the transaction, provided that no written notice of objection is 
timely filed by other parties in accordance with subsection (f) of this 
section.
    (f) Notice of Objection by Other Parties to Applicability of This 
Section.--Any person claiming ownership of an interest in property the 
record title to which includes a title transaction described in 
subsection (a) of this section may prevent the application of 
subsections (a) through (e) to said interest by filing for record in 
the office of the county clerk for the county or counties wherein the 
property in question is located, no later than 3 years after the 
effective date of this Act, a written notice of objection in the form 
of a declaration made under oath setting forth the following:
            (1) The declarant's name and mailing address.
            (2) An accurate and full description of all of the 
        declarant's property interests to be affected by such notice, 
        which description shall be set forth in particular terms and 
        not be general inclusions; but if said declarant's claim to 
        ownership is founded upon a recorded instrument, then the 
        description in such notice may be the same as that contained in 
        such recorded instrument.
            (3) A statement that the declarant claims in good faith to 
        be the owner of an interest in the property described in the 
        notice and that the declarant objects to the operation of this 
        section with respect to any title transaction that would 
        otherwise be subject to validation under this section.
    (g) Interests of Heirs of Less Than Half-Blood.--Nothing in this 
Act shall be construed to invalidate--
            (1) any conveyance of record, including a surface, oil and 
        gas, or mineral lease, of an interest in  property made prior 
to the effective date of this Act by an heir of a deceased Indian 
citizen without district court approval where such heir was of less 
than one-half degree of Indian blood, even though the property was held 
in restricted status immediately prior to the decedent Indian citizen's 
death; or
            (2) any other encumbrance that attached prior to the 
        effective date of this Act to an interest in property of an 
        heir of a deceased Indian citizen where such heir was of less 
        than one-half degree of Indian blood, even though the property 
        was held in restricted status immediately prior to the decedent 
        Indian citizen's death.
    (h) Terms.--For purposes of this section:
            (1) A person shall be deemed to have an unbroken chain of 
        title when the official public records, including probate and 
        other official public records, as well as records in the county 
        clerk's office, disclose a conveyance or other title 
        transaction of record not less than 30 years prior to the 
        effective date of this Act, which said conveyance or other 
        title transaction purports to create such interest, either in--
                    (A) the person claiming such interest; or
                    (B) some other person from whom, by 1 or more 
                conveyances or other title transactions of record, such 
                purported interest has become vested in the person 
                claiming such interest; with nothing appearing of 
                record, in either case, purporting to divest such 
                claimant of such purported interest.
            (2) The term recording, when applied to the official public 
        records of any officer or court, includes filing with the 
        officer or court.

SEC. 403. REPEALS.

    (a) In General.--The following provisions are repealed:
            (1) The Act of August 11, 1955 (69 Stat. 666, chapter 786).
            (2) Section 2 of the Act of August 12, 1953 (67 Stat. 558, 
        chapter 409).
            (3) Sections 1 through 5 and 7 through 13 of the Act of 
        August 4, 1947 (61 Stat. 731, chapter 458).
            (4) The Act of February 11, 1936 (25 U.S.C. 393a).
            (5) The Act of January 27, 1933 (47 Stat. 777, chapter 23).
            (6) Sections 1, 2, 4, and 5 of the Act of May 10, 1928 (45 
        Stat. 495, chapter 517).
            (7) The Act of April 12, 1926 (44 Stat. 239, chapter 115).
            (8) Sections 1 and 2 of the Act of June 14, 1918 (25 U.S.C. 
        375 and 355).
            (9) Sections 1 through 3 and 6 through 12 of the Act of May 
        27, 1908 (35 Stat. 312, chapter 199).
            (10) Section 23 of the Act of April 26, 1906 (34 Stat. 137, 
        chapter 1876).
    (b) Other Acts.--
            (1) In general.--Not later than 6 months after the 
        effective date of this Act, the Secretary shall prepare and 
        submit to Congress a list of other provisions of law that--
                    (A) expressly reference property of the Five 
                Nations or of Five Nations' citizens and that are in 
                conflict with the provisions of this Act; or
                    (B) are of general applicability with respect to 
                the property of Indian tribes and of individual Indians 
                and that are in conflict with this Act.
            (2) Technical amendments.--
                    (A) Section 28 of the Act of April 26, 1906 (34 
                Stat. 137, chapter 1876) is amended--
                            (i) by striking the first proviso; and
                            (ii) by striking ``Provided further'' and 
                        inserting ``Provided''.
                    (B) Section 6(c) of the Act of August 4, 1947 (61 
                Stat. 733, chapter 458) is amended in the first 
                sentence by striking ``of one-half or more Indian 
                blood''.
                    (C) Section 1 of the Act of October 22, 1970 (84 
                Stat. 1091), is amended by striking the last sentence.

SEC. 404. SECRETARIAL TRUST RESPONSIBILITY.

    Nothing in this Act shall be construed to waive, modify, or 
diminish in any way the trust responsibility of the United States over 
restricted property.

SEC. 405. REPRESENTATION BY ATTORNEYS FOR THE DEPARTMENT OF THE 
              INTERIOR.

    Attorneys of the Department of the Interior may--
            (1) represent the Secretary in any actions filed in the 
        State courts of Oklahoma involving restricted property;
            (2) when acting as counsel for the Secretary, provide 
        information to all Indian citizens owning restricted property 
        (and to private counsel for such citizens, if any) regarding 
        their legal rights with respect to the restricted property 
        owned by such citizens;
            (3) at the request of any Indian citizen owning restricted 
        property, take such action as may be necessary to cancel or 
        annul any deed, conveyance, mortgage, lease, contract to sell, 
        power of attorney, or any other encumbrance of any kind or 
        character, made or attempted to be made or executed in 
        violation of this Act or any other Federal law, and take such 
        action as may be necessary to assist such Indian citizen in 
        obtaining clear title, acquiring possession, and retaining 
        possession of restricted property; and
            (4) in carrying out paragraph (3), refer proposed actions 
        to be filed in the name of the United States in a district 
        court of the United States to the United States Attorney for 
        that district, and provide assistance in an of-counsel capacity 
        in those actions that the United States Attorney elects to 
        prosecute.

SEC. 406. FILING REQUIREMENTS; CONSTRUCTIVE NOTICE.

    The following orders or other decision documents which concern 
restricted property and are issued after the effective date of this Act 
by the Secretary, by an administrative law judge, or by any other 
authorized person pursuant to authority of this Act shall be filed in 
the Regional Office and in the office of the county clerk in the county 
where such restricted property is located: any order or other decision 
document removing restrictions, imposing restrictions, approving 
conveyances, approving leases, approving voluntary partitions, 
approving mortgages, probating wills or determining heirs, and any 
notice issued by the Regional Director pursuant to section 402 of this 
Act. The filing of said documents at the Regional Office shall 
constitute constructive notice to the public of the effect of said 
documents filed. The Secretary shall have authority to certify the 
authenticity of copies of such documents and title examiners shall be 
entitled to rely on said authenticated copies for the purpose of 
determining marketability of title to the property described therein.
                                 <all>