[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1481 Enrolled Bill (ENR)]


        S.1481

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
   To amend the Indian Land Consolidation Act to provide for probate 
                                 reform.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Land Probate Reform Technical 
Corrections Act of 2005''.

SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.

    Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) 
is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) Purchase of Land.--
        ``(1) In general.--Subject to subsection (b), any Indian tribe 
    may purchase, at not less than fair market value and with the 
    consent of the owners of the interests, part or all of the 
    interests in--
            ``(A) any tract of trust or restricted land within the 
        boundaries of the reservation of the tribe; or
            ``(B) land that is otherwise subject to the jurisdiction of 
        the tribe.
        ``(2) Required consent.--
            ``(A) In general.--The Indian tribe may purchase all 
        interests in a tract described in paragraph (1) with the 
        consent of the owners of undivided interests equal to at least 
        50 percent of the undivided interest in the tract.
            ``(B) Interest owned by tribe.--Interests owned by an 
        Indian tribe in a tract may be included in the computation of 
        the percentage of ownership of the undivided interests in that 
        tract for purposes of determining whether the consent 
        requirement under subparagraph (A) has been met.'';
        (2) by redesignating subsection (d) as subsection (c); and
        (3) in subsection (c) (as redesignated by paragraph (2))--
            (A) in paragraph (2)--
                (i) in subparagraph (G)(ii)(I), by striking ``a higher 
            valuation of the land'' and inserting ``a value of the land 
            that is equal to or greater than that of the earlier 
            appraisal''; and
                (ii) in subparagraph (I)(iii)--

                    (I) in subclause (III), by inserting ``(if any)'' 
                after ``this section''; and
                    (II) in subclause (IV)--

                        (aa) in item (aa), by striking ``less'' and 
                    inserting ``more''; and
                        (bb) in item (bb), by striking ``to implement 
                    this section'' and inserting ``under paragraph 
                    (5)''; and
            (B) in paragraph (5), in the second sentence, by striking 
        ``shall'' and inserting ``may''.

SEC. 3. TRIBAL PROBATE CODES.

    Section 206 of the Indian Land Consolidation Act (25 U.S.C. 2205) 
is amended--
        (1) in subsection (b)(3), by striking subparagraph (A) and 
    inserting the following:
            ``(A) the date that is 1 year after the date on which the 
        Secretary makes the certification required under section 
        8(a)(4) of the American Indian Probate Reform Act of 2004 (25 
        U.S.C. 2201 note; Public Law 108-374); or''; and
        (2) in subsection (c)--
            (A) in paragraph (1)(A), by striking ``section'' and all 
        that follows through ``the Indian tribe'' and inserting 
        ``section 207(b)(2)(A)(ii), the Indian tribe''; and
            (B) in paragraph (2)(A)(i)(II)(bb), by inserting ``in 
        writing'' after ``agrees''.

SEC. 4. DESCENT AND DISTRIBUTION.

    (a) In General.--Section 207 of the Indian Land Consolidation Act 
(25 U.S.C. 2206) is amended--
        (1) by redesignating subsections (h) through (p) as subsections 
    (g) through (o), respectively;
        (2) in subsection (g) (as redesignated by paragraph (1))--
            (A) in paragraph (2)--
                (i) by inserting ``specifically'' after ``pertains''; 
            and
                (ii) by striking subparagraph (B) and inserting the 
            following:
            ``(B) the allotted land (or any interest relating to such 
        land) of 1 or more specific Indian tribes expressly identified 
        in Federal law, including any of the Federal laws governing the 
        probate or determination of heirs associated with, or otherwise 
        relating to, the land, interest in land, or other interests or 
        assets that are owned by individuals in--
                ``(i) Five Civilized Tribes restricted fee status; or
                ``(ii) Osage Tribe restricted fee status.''; and
            (B) by adding at the end the following:
        ``(3) Effect of subsection.--Except to the extent that this Act 
    otherwise affects the application of a Federal law described in 
    paragraph (2), nothing in this subsection limits the application of 
    this Act to trust or restricted land, interests in such land, or 
    any other trust or restricted interests or assets.'';
        (3) in subsection (h) (as redesignated by paragraph (1))--
            (A) in paragraph (6), by striking ``(25 U.S.C. 2205)''; and
            (B) in paragraph (7), by inserting ``in trust or restricted 
        status'' after ``testator'';
        (4) in subsection (j) (as redesignated by paragraph (1))--
            (A) in paragraph (2)(A)--
                (i) in clause (ii)(I), by striking ``the date of 
            enactment of this subparagraph'' and inserting ``the date 
            that is 1 year after the date on which the Secretary 
            publishes a notice of certification under section 8(a)(4) 
            of the American Indian Probate Reform Act of 2004 (25 
            U.S.C. 2201 note; Public Law 108-374)''; and
                (ii) in clause (iii), by striking ``the provisions of 
            section 207(a)(2)(A)'' and inserting ``subsection 
            (a)(2)(A)'';
            (B) in paragraph (8)(D), by striking ``the provisions of 
        section 207(a)(2)(D) (25 U.S.C. 2206(a)(2)(D))'' and inserting 
        ``subsection (a)(2)(D)''; and
            (C) in paragraph (9)(C)--
                (i) by striking ``section 207(e) (25 U.S.C. 2206(e))'' 
            and inserting ``subsection (e)''; and
                (ii) by striking ``section 207(p) (25 U.S.C. 2206(p))'' 
            and inserting ``subsection (o)''; and
        (5) in subsection (o) (as redesignated by paragraph (1))--
            (A) in paragraph (2)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``section 207(a)(2)(A) or (D)'' and inserting 
            ``subparagraph (A) or (D) of subsection (a)(2)''; and
                (ii) in subparagraph (A), by striking ``section 
            207(b)(1)(A)'' and inserting ``subsection (b)(1)(A)'';
            (B) in paragraph (3)(B), by striking ``section 207(a)(2)(A) 
        or (D)'' and inserting ``subparagraph (A) or (D) of subsection 
        (a)(2)''; and
            (C) in paragraph (6)--
                (i) in the first sentence, by striking ``Proceeds'' and 
            inserting the following:
            ``(A) In general.--Proceeds''; and
                (ii) by striking the second sentence and inserting the 
            following:
            ``(B) Holding in trust.--Proceeds described in subparagraph 
        (A) shall be deposited and held in an account as trust 
        personalty if the interest sold would otherwise pass to--
                ``(i) the heir, by intestate succession under 
            subsection (a); or
                ``(ii) the devisee in trust or restricted status under 
            subsection (b)(1).''.
    (b) Nontestamentary Disposition.--Section 207(a)(2)(D)(iv)(I)(aa) 
of the Indian Land Consolidation Act (25 U.S.C. 
2206(a)(2)(D)(iv)(I)(aa)) is amended--
        (1) by striking ``clause (iii)'' and inserting ``this 
    subparagraph''; and
        (2) in subitem (BB), by striking ``any co-owner'' and inserting 
    ``not more than 1 co-owner''.
    (c) Joint Tenancy; Right of Survivorship.--Section 207(c) of the 
Indian Land Consolidation Act (25 U.S.C. 2206(c)) is amended by 
striking the subsection heading and inserting the following:
    ``(c) Joint Tenancy; Right of Survivorship.--''.
    (d) Estate Planning Assistance.--Section 207(f)(3) of the Indian 
Land Consolidation Act (25 U.S.C. 2206(f)(3)) is amended in the matter 
preceding subparagraph (A) by inserting ``, including noncompetitive 
grants,'' after ``grants''.

SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.

    Section 213 of the Indian Land Consolidation Act (25 U.S.C. 2212) 
is amended--
        (1) by striking the section heading and inserting the 
    following:

``SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.'';

    and
        (2) in subsection (a)(1), by striking ``(25 U.S.C. 2206(p))''.

SEC. 6. ESTABLISHING FAIR MARKET VALUE.

    Section 215 of the Indian Land Consolidation Act (25 U.S.C. 2214) 
is amended by striking the last sentence and inserting the following: 
``Such a system may govern the amounts offered for the purchase of 
interests in trust or restricted land under this Act.''.

SEC. 7. LAND OWNERSHIP INFORMATION.

    Section 217(e) of the Indian Land Consolidation Act (25 U.S.C. 
2216(e)) is amended by striking ``be made available to'' and inserting 
``be made available to--''.

SEC. 8. CONFORMING AMENDMENTS.

    (a) Probate Reform.--The American Indian Probate Reform Act of 2004 
(25 U.S.C. 2201 note; Public Law 108-374) is amended--
        (1) in section 4, by striking ``(as amended by section 
    6(a)(2))''; and
        (2) in section 9, by striking ``section 205(d)(2)(I)(i)'' and 
    inserting ``section 205(c)(2)(I)(i) of the Indian Land 
    Consolidation Act (25 U.S.C. 2204(c)(2)(I)(i))''.
    (b) Transfer and Exchange of Land.--Section 4 of the Act of June 
18, 1934 (25 U.S.C. 464) is amended to read as follows:

``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF 
              INDIAN TRIBES AND CORPORATIONS.

    ``(a) Approval.--Except as provided in this section, no sale, 
devise, gift, exchange, or other transfer of restricted Indian land or 
shares in the assets of an Indian tribe or corporation organized under 
this Act shall be made or approved.
    ``(b) Transfer to Indian Tribe.--
        ``(1) In general.--Land or shares described in subsection (a) 
    may be sold, devised, or otherwise transferred to the Indian tribe 
    on the reservation of which the land is located, or in the 
    corporation of which the shares are held or were derived (or a 
    successor of such a corporation), with the approval of the 
    Secretary of the Interior.
        ``(2) Descent and devise.--Land and shares transferred under 
    paragraph (1) shall descend or be devised to any member of the 
    Indian tribe or corporation (or an heir of such a member) in 
    accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 
    et seq.), including a tribal probate code approved under that Act 
    (including regulations).
    ``(c) Voluntary Exchanges.--The Secretary of the Interior may 
authorize a voluntary exchange of land or shares described in 
subsection (a) that the Secretary determines to be of equal value if 
the Secretary determines that the exchange is--
        ``(1) expedient;
        ``(2) beneficial for, or compatible with, achieving proper 
    consolidation of Indian land; and
        ``(3) for the benefit of cooperative organizations.''.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall be effective as if included 
in the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; 
Public Law 108-374).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.