[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.
____________________