[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9969-H9975]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FIVE NATIONS CITIZENS LAND REFORM ACT OF 2000

  Mr. CALVERT. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5308) 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, as amended.
  The Clerk read as follows:

                               H.R. 5308

       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 of 2000''.
       (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. Restricted funds.
Sec. 103. Period of restrictions.
Sec. 104. Removal of restrictions.
Sec. 105. Exemptions from prior claims.
Sec. 106. Fractional interests.

[[Page H9970]]

 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.
Sec. 209. Validation of prior conveyances.

    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. Repeals.
Sec. 403. Statutory construction.
Sec. 404. Representation by attorneys for the Department of the 
              Interior.

                    TITLE V--WATER BASIN COMMISSION

Sec. 501. Water basin commission.

     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 
     determined by the Secretary to be a lineal descendent 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 
     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, lease, mortgage, and 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 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 (subject to valid existing rights) but whose 
     interest had not, as of the effective date of this Act, been 
     the subject of a final order determining heirs by a State 
     district court or a United States District Court, or been 
     conveyed by putative heirs by deed approved in State district 
     court, except that such term 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.
       (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, lease, mortgage, and other encumbrances, 
     regardless of the degree of Indian blood of the Indian 
     citizen who owns such property.
       (b) Continuation.--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, exchange, election to 
     take at partition, or by purchase.

     SEC. 102. 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 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. 103. PERIOD OF RESTRICTIONS.

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

     SEC. 104. 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 of 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

[[Page H9971]]

     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. 105. 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. 106. 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 are 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;
       (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 and Indian 
     citizen), father, mother, son, daughter, brother or sister, 
     or other lineal descendent, 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 reentered into 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

[[Page H9972]]

     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 Regional Office shall assume 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.

     SEC. 209. VALIDATION OF PRIOR CONVEYANCES.

       All conveyances, including oil and gas or mineral leases, 
     of restricted property and trust property made after the 
     effective date of the Act of June 26, 1936 (25 U.S.C. 501 et 
     seq.) (commonly known as the Oklahoma Indian Welfare Act) and 
     prior to the effective date of this Act, that were approved 
     by a county or district court in Oklahoma are hereby 
     validated and confirmed, unless such conveyance is determined 
     by a court of competent jurisdiction to be invalid upon 
     grounds other than authority to approve, sufficiency of 
     approval, or lack of approval thereof.

    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, lease, mortgage, or other encumbrance 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 not later than 2 years 
     after the effective date of this Act if the 15-year period 
     for acquiring title by adverse possession has run in full 
     prior to the effective date of this Act and the procedures 
     set forth in section 305 shall be followed.

[[Page H9973]]

       (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.

     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.--The petitioning party in an action under this 
     section shall pay the filing fees and all other costs of the 
     action, including the cost of an appraisal, advertisement, 
     and 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 pleading 
     involved (as provided under such paragraph) shall be entered 
     in the district court of the United States and the defendants 
     and interveners 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. 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''.

     SEC. 403. STATUTORY CONSTRUCTION.

       (a) 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.
       (b) No Effect on Tribal Relationships.--
       (1) In general.--Nothing in titles I through IV of this Act 
     is intended to or shall be construed to in any way affect the 
     authority that any federally recognized Indian tribe may or 
     may not have over--
       (A) any other federally recognized Indian tribe;

[[Page H9974]]

       (B) the members of any other federally recognized Indian 
     tribe; or
       (C) any land in which any other federally recognized Indian 
     tribe or any member of any other federally recognized Indian 
     tribe has or is determined by the Secretary or a court of 
     competent jurisdiction to have any interest.

     SEC. 404. 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.

                    TITLE V--WATER BASIN COMMISSION

     SEC. 501. WATER BASIN COMMISSION.

       A compact among the State of Oklahoma, the Choctaw Nation 
     of Oklahoma, and the Chickasaw Nation, shall establish a 
     State-tribal commission composed of an equal number of 
     representatives from the tribes and nontribal residents of 
     the respective water basin, for the purpose of administering 
     and distributing any benefits and net revenues from the sale 
     of water within the respective basin to the Choctaw Nation of 
     Oklahoma, the Chickasaw Nation, and local public entities. 
     Any sale of water to entities outside the water basin must be 
     consistent with the compact and by the State-tribal 
     commission for the respective water basin within the 
     boundaries of the Choctaw Nation of Oklahoma and the 
     Chickasaw Nation. One of the tribal representatives of the 
     State-tribal commission shall be appointed by the Bureau of 
     Indian Affairs regional office in Muskogee, Oklahoma.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Calvert) and the gentleman from New Mexico (Mr. Udall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Calvert).
  Mr. CALVERT. Madam Speaker, I yield myself such time as I may 
consume, and I rise today in support of a very important bill to the 
Five Civilized Tribes of Oklahoma.
  The Five Nations Citizens Land Reform Act of 2000, would transfer 
from Oklahoma State courts to the Federal Government, jurisdiction over 
the conveyance, the devise, inheritance, lease, encumbrance, and 
partition of restricted property, allotment lands, belonging to the 
members of the Cherokee Nation, Chickasaw Nation, Choctaw Nation, 
Seminole Nation of Oklahoma, and Muscogee (Creek) Nation.
  Unlike other federally recognized Indian tribes whose jurisdiction 
over their lands lies with the Secretary of the Interior, jurisdiction 
over the lands of these five tribes was placed in various Oklahoma 
district courts many years ago. H.R. 5308 would have probate 
proceedings and management and disposition of Indian lands proceed 
through the Department of the Interior rather than through the multiple 
State courts. Thus, the restricted lands of the five tribes would be 
treated like the federally protected allotments of land of other 
federally recognized tribes.
  H.R. 5308 would also allow for simplification of the law applicable 
to allotted Indian lands, would simplify the process for leasing 
allotted lands, would simplify the Indian land probate and heirship 
determination process, and would assist in the prevention of the 
fractionation of Indian lands.
  Nothing in H.R. 5308 would diminish the trust responsibility of the 
United States over restricted lands. The five tribes and the Oklahoma 
State Bar Association, the governor of Oklahoma, and members of the 
Oklahoma delegation have spent years working on this legislation.

                              {time}  1415

  Now that everybody has agreed, it is time to pass H.R. 5308.
  Madam Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Madam Speaker, I yield myself such time as I 
may consume.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Madam Speaker, first let me thank the 
gentleman from Michigan (Mr. Kildee) for all his hard work on this 
bill.
  Madam Speaker, the Five Nations Citizens Land Reform Act of 2000 is a 
significant Indian land bill affecting the restricted allotments of 
members of the Cherokee, Creek, Seminole, Choctaw, and Chickasaw 
Nations in eastern Oklahoma.
  This legislation would bring equity and fairness to the Indian people 
who own allotted lands of the Five Great Indian Nations in eastern 
Oklahoma.
  For much of the 20th century, these people have been the subject of 
special laws applicable only to their lands that are unlike any other 
Federal laws on Indian lands. Many of these laws have provided much 
less protection to the Indian lands in Oklahoma than is afforded in the 
rest of the country.
  Under current Federal law, the allotted lands of the Five Civilized 
Tribes are subject to the State law of adverse possession, the result 
of which has been loss of land owned by many individual Indians. This 
legislation would bring law affecting the Oklahoma lands in line with 
land owned by tribes living in the rest of the States.
  State courts of Oklahoma currently have jurisdiction over probating, 
partitioning, and transferring restricted lands and the leasing of 
restricted mineral interests owned by members of the five tribes. This 
often places a great financial burden on Indian families who must hire 
private attorneys to probate estates or transfer interests in 
restricted land. For this reason, many estates in eastern Oklahoma that 
include restricted land are not being probated, and landownership is 
becoming increasingly fractionated.
  Elsewhere in the United States, the Department of the Interior is 
responsible for probating estates, partitioning lands, and effecting 
other transactions involving allotted lands. This bill would do the 
same for the restricted allotments of the five tribes.
  I want to thank the sponsor, the gentleman from Oklahoma (Mr. 
Watkins), for working with the Committee on Resources to assure that 
this bill does not adversely affect any other tribes in Oklahoma. I 
know that that was not his intent, and I feel that this bill is now 
clear on that matter.
  I urge my colleagues to support this legislation.
  Madam Speaker, I yield back the balance of my time.
  Mr. CALVERT. Madam Speaker, I am happy to yield such time as he may 
consume to the gentleman from Oklahoma (Mr. Watkins), who so ably 
represents my forefathers in Oklahoma.
  (Mr. WATKINS asked and was given permission to revise and extend his 
remarks.)
  Mr. WATKINS. Madam Speaker, I would first like to thank the gentleman 
from California (Mr. Calvert) and the gentleman from New Mexico (Mr. 
Udall) for their kindness and effort to bring this legislation up to 
date. I also want to thank the gentleman from Michigan (Mr. Kildee), 
who is co-chair of the Congressional Native American Caucus, for his 
bipartisan support and help with this important legislation.
  I also would like to thank my colleague, the gentleman from Oklahoma 
(Mr. Coburn), for his help in ensuring the legislation benefits 
everyone involved.
  Today, I offer a bill that would bring fairness and equity, as the 
gentleman from New Mexico (Mr. Udall) said, to an injustice that has 
occurred and that will have a significant impact in helping the members 
of the Choctaw, Chicasaw, Cherokee, Creek, and Seminole Nations, 
historically referred to as the Five Civilized Tribes, who still own 
individual Indian restricted land in eastern Oklahoma.
  Unlike all other federally recognized Indian tribes, whose 
jurisdiction over their trust lands is with the Secretary of the 
Interior, jurisdiction of probating, partitioning, and transferring 
interest in restricted land of the Five Civilized Tribes was placed in 
Oklahoma district courts by the Stigler Act of 1947, or the 1947 Act, 
as it is known.

[[Page H9975]]

  The 1947 Act provides the eastern courts in eastern Oklahoma, acting 
as Federal instrumentalities, with jurisdiction over nearly all 
significant transactions involving individual Indian lands that are 
subject to Federal restrictions against alienation, or restricted 
property.
  Another act that had an impact on the Five Civilized Tribes 
restricted land was the Act of June 1918. The 1918 act subjects 
restricted property to the State statutes of limitation. And this has 
had a very negative impact on losing a lot of the land over the years.
  H.R. 5308 will provide for probate proceedings and management and 
disposition of Indian land to proceed through one central point, the 
Department of the Interior, rather than through multiple State courts, 
which is the current practice. This would treat the restricted lands of 
the Five Civilized Tribes like federally protected allotments of land 
of all other federally recognized tribes.
  Madam Speaker, another issue that H.R. 5308 addresses will be to 
assure that the benefits and net revenues from the sale of water shall 
go to the tribes and residents of the respective water basin area 
within the boundaries of the Choctaw and Chickasaw Nations.
  Madam Speaker, I urge that my colleagues support the legislation.
  Mr. KILDEE. Madam Speaker, I rise today in strong support of H.R. 
5308, the Five Nations Citizens Land Reform Act of 2000. This 
legislation is by far the most significant Indian land bill affecting 
the restricted allotments of members of the Cherokee, Creek, Seminole, 
Choctaw and Chickasaw nations in eastern Oklahoma. I want to thank my 
colleague, Representative Wes Watkins of Oklahoma, for sponsoring this 
legislation. I am proud to be a cosponsor of this bill.
  The legislation would bring equity and fairness to the Indian people 
who own allotted lands of the five great Indian nations in Eastern 
Oklahoma. For much of the 20th century, these people have been the 
object of special laws applicable only to their lands that are unlike 
any other Federal laws of Indian land tenure--laws that have afforded 
these lands much less protection than is afforded to trust allotments 
elsewhere in the United States.
  Under current Federal law, the allotted lands of the five civilized 
tribes are made subject to the State law of adverse possession, which 
has contributed to the unfair loss of land owned by many individual 
Indians in eastern Oklahoma. Allotments in other parts of Oklahoma and 
the rest of the country cannot be taken by adverse possession. This 
legislation would bring an end to the loss of these Indian lands by 
adverse possession.
  Current Federal law also gives the State courts of Oklahoma 
jurisdiction over probating, partitioning and transferring restricted 
lands and the leasing of restricted mineral interests owned or 
inherited by members of the Five Tribes, often placing a great 
financial burden on Indian families who must hire private attorneys to 
probate estates or transfer interests in restricted land. For this 
reason, many estates in eastern Oklahoma that include restricted land 
are not being probated and land ownership has become increasingly 
fractionated. Elsewhere in the United States, the Department of 
Interior is responsible for probating estates, partitioning lands and 
effecting other transactions involving allotted lands. This bill would 
do the same for the restricted allotments of the five tribes, and in 
general it would give these allotments the same protection and 
treatment given allotted Indian lands in the rest of the United States.
  I urge my colleagues to support this legislation.
  Mr. CALVERT. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from California (Mr. Calvert) that the House 
suspend the rules and pass the bill, H.R. 5308, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________