[Congressional Record Volume 146, Number 125 (Tuesday, October 10, 2000)]
[Senate]
[Page S10153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. INHOFE:
  S. 3182. 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; to the Committee on Indian Affairs.


             five nations citizens land reform act of 2000

  Mr. INHOFE. Mr. President, today I introduce a bill by request of the 
members of the Cherokee, Choctaw, Chickasaw, Creek, and Seminole 
Nations, historically referred to as the ``Five Civilized Tribes,'' who 
still own individual Indian restricted land or ``restricted property.''
  The proposed bill would repeal aspects of the Stigler Act of 1947--
the 1947 Act--and the Act of June 14, 1918--the 1918 Act--which subject 
the transactions of restricted property to the jurisdiction of 
Oklahoma's district courts and leave such lands open to adverse 
possession.
  By way of background, the issue of individual restricted Indian lands 
has had a long legislative history. Between 1906 and 1970, Congress 
enacted numerous laws dealing specifically with the individually 
allotted lands of the ``Five Civilized Tribes.'' Collectively, these 
laws have created a complex system of Indian land tenure in eastern 
Oklahoma. These laws are unique to eastern Oklahoma and are not 
applicable either in western Oklahoma or elsewhere in the United 
States.
  Due to these laws, thousands of acres of Indian lands in eastern 
Oklahoma have gone unprobated for years, causing ownership of these 
lands to be increasingly fractionated and more difficult to manage for 
the benefit of the devisees or undetermined heirs. Indian allotments 
elsewhere in the United States, on the other hand, are generally held 
in trust under the jurisdiction of the Secretary of Interior. The goal 
of this legislation is to provide the remaining restricted Indian 
allotments in eastern Oklahoma, to the greatest extent feasible, with 
the same kind of protections as are afforded trust allotments in 
western Oklahoma and all other reservations in the United States. The 
bill would also include these lands in the national efforts to 
alleviate the growing problem of fractionated ownership.
  Notwithstanding these goals, great lengths have been taken to draft 
the bill so that it would be ``tax neutral'' as to the county tax 
rolls. The bill is written to help preserve what is left of the 
individual Indian restricted land base, reducing the rate at which the 
current inventory of restricted property in eastern Oklahoma passes out 
of restricted status. The bill would not allow Indian members of the 
Five Civilized Tribes to simply acquire fee land and have it placed in 
restricted status.
  With time very limited in the remaining days of the 106th Congress, I 
do not intend to rush this bill through Congress, denying adequate 
hearings and oversight, but simply to demonstrate to all interested 
parties that this legislation is a serious effort to reform the 1947 
act. This bill has been through many drafts in recent months and much 
progress has been made to achieve a workable bill. I am hopeful that 
Congress can enact this reform next year.

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