[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2880 Reported in House (RH)]
Union Calendar No. 299
107th CONGRESS
2d Session
H. R. 2880
[Report No. 107-499]
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
June 11, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
September 12, 2001]
_______________________________________________________________________
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
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. 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 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.
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. 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 1906
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 closed in 1906, 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, 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 in 1906.
(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, any proceeds
from such conveyance or condemnation shall be used 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 account
in a trust fund under the supervision of the Secretary at the
request of the Individual Indian;
(2) such Individual Indian 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 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; and
(5) such property is located within the State of Oklahoma.
(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 Individual Indian 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.
(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. 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
deemed to be restricted 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 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
may 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
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.
(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 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.
(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 interests in the property are owned by
Individual Indians as tenants in common 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.--Except as provided in subsection (b),
restricted property may be conveyed by an Individual Indian
pursuant to the procedures described in this subsection.
(2) Requirements.--An Individual Indian 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
Individual Indian may convey his or her restricted property, or
any portion thereof, 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 the Individual Indian spouse (if he or she is an Individual
Indian, 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 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 Individual Indian homebuyer or a
successor Individual Indian 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 Secretary not later than
3 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 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 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) Jurisdiction.--
(1) In general.--The Secretary shall have exclusive
jurisdiction to approve the partition in kind of property,
where--
(A) all of said property is held in trust or
restricted status in common ownership by more than 1
Individual Indian owner;
(B) all owners consent to the partition in writing;
and
(C) all other requirements of subsections (b) and
(c) are met.
(2) Voluntary partition in kind.--The Secretary shall have
jurisdiction to approve the voluntary partition in kind of
property consisting of both restricted and unrestricted, or
both trust and nontrust, undivided interests if all owners
consent to such partition in kind in writing.
(b) 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 in kind 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 (c).
(c) Partition Procedures.--
(1) Proposed land division plan.--The Secretary shall give
applicants under subsection (b) and all other owners of
property subject to a partition application 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 in kind of the property under this section.
(2) Approval.--The Secretary may attempt to negotiate for
partition in kind or for sale of all or a portion of the
property, and secure appropriate deeds from all interest
owners, subject to the Secretary's approval, if a plan under
paragraph (1) is approved by--
(A) Individual Indian 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 may issue an order
partitioning the trust property in kind; or
(B) any Individual Indian who owns an undivided
interest which is held in restricted status (as
distinguished from trust status) and if the Secretary
finds the plan to be reasonable, fair, and equitable.
(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 Individual
Indian 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) and section 219 of the Indian Land Consolidated
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,
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 Individual Indian 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 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 Court in the State of Oklahoma and the
courts of the State of Oklahoma shall have jurisdiction over actions
affecting title to, or use or disposition of, trust property or
restricted property only to the extent expressly authorized by this Act
or by other Federal laws applicable to trust property or restricted
property.
SEC. 302. 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
restricted 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.
(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.
(b) Governing Laws.--Notwithstanding any other provision of law,
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 individual indian
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 Individual Indians who died
intestate prior to the effective date of this Act.
(2) Law applicable to wills executed prior to effective
date.--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 Individual Indians
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 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.
(3) 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 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 Individual Indian 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 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 or
restricted property shall apply to all such property 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, 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, the
claimant in any such action has shown by clear and convincing
evidence that the limitations period had run in full prior to
the effective date of this Act, and the procedures set forth in
section 305 are followed.
(c) Heirship Determinations and Dispositions.--Nothing in this
section shall be construed to authorize a determination of heirs in a
quiet title action in Federal or State court in derogation of the
Secretary's exclusive jurisdiction to probate wills or otherwise
determine heirs of the deceased 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. 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 Individual Indian 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) Petition; Jurisdiction and Applicable Law; Requirements.--
(1) Petitions.--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.
(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 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 the laws of the State of Oklahoma governing
partitions.
(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.
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 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 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.--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:
(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 Secretary shall have 60 days
from 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 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
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) 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.
(3) 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''.
(4) 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, provide
information to all Individual Indians owning restricted
property (and to private counsel for such Individual Indians if
any) regarding 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
(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.
(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 offices of the Department of the Interior, 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.
(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. EFFECTIVE DATE.
This Act shall take effect on January 1, 2003.
Amend the title so as to read: ``A bill to amend laws
relating to the lands of the enrollees and lineal descendants
of enrollees whose names appear on the final 1906 Indian rolls
of the Muscogee (Creek), Seminole, Cherokee, Chickasaw, and
Choctaw Nations, historically referred to as the Five Civilized
Tribes, and for other purposes.''.
Union Calendar No. 299
107th CONGRESS
2d Session
H. R. 2880
[Report No. 107-499]
_______________________________________________________________________
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.
_______________________________________________________________________
June 11, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed