[Congressional Record Volume 148, Number 76 (Tuesday, June 11, 2002)]
[House]
[Pages H3401-H3410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FIVE NATIONS INDIAN LAND REFORM ACT
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2880) 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. 2880
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Five
Nations Indian Land Reform Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS
Sec. 101. Restrictions on real property.
Sec. 102. Reinvestment of proceeds from condemnation or conveyance of
restricted property.
Sec. 103. Trust funds.
Sec. 104. Period of restrictions.
Sec. 105. Removal of restrictions.
Sec. 106. Exemptions from prior claims.
Sec. 107. Fractional interests.
TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES,
AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS
Sec. 201. Approval authority for conveyances and leases.
Sec. 202. Approval of conveyances.
Sec. 203. Reimposition of restrictions on restricted property conveyed
to Indian housing authorities.
Sec. 204. Administrative approval of partition in kind.
Sec. 205. Surface leases.
Sec. 206. Secretarial approval of mineral leases or agreements.
Sec. 207. Management of mineral interests.
Sec. 208. Mortgages.
TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER PROCEEDINGS
AFFECTING TITLE TO RESTRICTED PROPERTY
Sec. 301. Actions affecting restricted property.
Sec. 302. Heirship determinations and probates.
Sec. 303. Actions to cure title defects.
Sec. 304. Involuntary partitions of restricted property.
Sec. 305. Requirements for actions to cure title defects and
involuntary partitions.
Sec. 306. Pending State proceedings.
TITLE IV--MISCELLANEOUS
Sec. 401. Regulations.
Sec. 402. Validation of certain transactions; savings clause.
Sec. 403. Repeals.
Sec. 404. Secretarial trust responsibility.
Sec. 405. Representation by attorneys for the Department of the
Interior.
Sec. 406. Filing requirements; constructive notice.
Sec. 407. Publication of designated officials.
Sec. 408. Rule of construction.
Sec. 409. Transmission of power from Indian lands in Oklahoma.
Sec. 410. Authorization of appropriations.
Sec. 411. Effective date.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1970, Federal Indian policy has encouraged Indian
self-determination and economic self-sufficiency. The
exercise of Federal instrumentality jurisdiction by the
[[Page H3402]]
Oklahoma State courts over the Indian property that is
subject to Federal restrictions against alienation belonging
to enrollees and descendants of enrollees whose names appear
on the final Indian rolls of the Muscogee (Creek), Seminole,
Cherokee, Chickasaw, and Choctaw Nations, historically
referred to as the Five Civilized Tribes, but now referred to
as the Five Nations, is inconsistent with that policy.
(2) It is a goal of Congress to recognize the Indian land
base as an integral part of the culture and heritage of
Indian people.
(3) The exercise of Federal instrumentality jurisdiction by
the courts of the State of Oklahoma over conveyances and
inheritance of restricted property belonging to Individual
Indians--
(A) is costly, confusing, and cumbersome, and effectively
prevents any meaningful Indian estate planning, and unduly
complicates the probating of Indian estates and other legal
proceedings relating to Individual Indians and their lands;
and
(B) has impeded the self-determination and economic self-
sufficiency of Individual Indians within the exterior
boundaries of the Five Nations.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To correct the disparate Federal treatment of
individual allotted lands of Individual Indians that resulted
from prior Federal legislation by equalizing the Federal
legislative treatment of restricted and trust lands.
(2) To eliminate unnecessary legal and bureaucratic
obstacles that impede the highest and best use of restricted
property belonging to Individual Indians.
(3) To provide for an efficient process for the
administrative review and approval of conveyances, voluntary
partitions, and leases, and to provide for Federal
administrative proceedings in testate and intestate probate
and other cases that involve the restricted property of
Individual Indians, which concern the rights of Individual
Indians to hold and acquire such property in restricted and
trust status.
(4) To transfer to the Secretary the Federal
instrumentality jurisdiction of the Oklahoma State courts
together with other authority currently exercised by such
courts over the conveyance, devise, inheritance, lease,
encumbrance, and certain voluntary partition actions
involving restricted property belonging to such Individual
Indians.
SEC. 4. DEFINITIONS.
In this Act:
(1) Five nations.--The term ``Five Nations'' means the
Cherokee Nation, the Chickasaw Nation, the Choctaw Nation of
Oklahoma, the Seminole Nation of Oklahoma, and the Muscogee
(Creek) Nation, collectively, which were historically
referred to as the ``Five Civilized Tribes''.
(2) Indian country.--The term ``Indian country'' has the
meaning given that term in section 1151 of title 18, United
States Code, which includes restricted property and trust
property as such terms are defined in this Act.
(3) Indian nation.--The term ``Indian Nation'' means one of
the individual Five Nations referred to in paragraph (1).
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(5) Individual indian.--The term ``Individual Indian''
means a member or citizen of one of the individual Five
Nations referred to in paragraph (1), an enrollee on the
final Indian rolls of the Five Civilized Tribes, or an
individual who is a lineal descendant by blood of an Indian
ancestor enrolled on the final Indian rolls of the Five
Civilized Tribes, regardless of whether such person is an
enrolled member of one of the Five Nations.
(6) Restricted property.--(A) The term ``restricted
property'' means any right, title, or interest in real
property owned by an Individual Indian that is subject to a
restriction against alienation, conveyance, lease, mortgage,
creation of liens, or other encumbrances imposed by this Act
and other laws of the United States expressly applicable to
the property of enrollees and lineal descendants of enrollees
on the final Indian rolls of the Five Civilized Tribes.
(B) The term ``restricted property'' includes, without
limitation, those interests in the estate of a decedent
Individual Indian who died prior to the effective date of
this Act that were, immediately prior to the decedent's
death, subject to restrictions against alienation imposed by
the laws of the United States but that had not, as of the
effective date of this Act--
(i) been the subject of a final order determining the
decedent's heirs and distributing the restricted property
issued by a State district court or a United States district
court;
(ii) been conveyed by heirs by deed approved in State
district court;
(iii) been conveyed by heirs of less than one-half degree
of Indian blood with or without State district court
approval; or
(iv) been the subject of Secretarial approval of removal of
restrictions.
(C) The term ``restricted property'' does not include
Indian trust allotments made pursuant to the General
Allotment Act (25 U.S.C. 331 et seq.) or any other trust
property.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the designee of the Secretary of the
Interior.
(8) Trust property.--The term ``trust property'' means
Indian property, title to which is held in trust by the
United States for the benefit of an Individual Indian or an
Indian Nation, provided that such property was acquired in
trust by the United States under the authority of the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the
``Indian Reorganization Act'') or the Act of June 26, 1936
(25 U.S.C. 501 et seq.) (commonly known as the ``Oklahoma
Indian Welfare Act''), within the boundaries of the State of
Oklahoma.
TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS
SEC. 101. RESTRICTIONS ON REAL PROPERTY.
(a) Application.--Beginning on the effective date of this
Act, all restricted property shall be subject to restrictions
against alienation, conveyance, lease, mortgage, creation of
liens, or other encumbrances, regardless of the degree of
Indian blood of the Individual Indian who owns such property.
(b) Continuation.--
(1) In general.--Any restricted property, including any
restricted property referred to in subsection (a), shall
remain restricted property notwithstanding the acquisition of
such property by an Individual Indian by inheritance, devise,
gift, or exchange.
(2) With waiver.--Any restricted property, including any
restricted property referred to in subsection (a), shall
remain restricted property upon the acquisition of such
property by an Individual Indian by election to take at
partition or by purchase, but only if--
(A) prior to the execution of the deed transferring such
restricted property, the Individual Indian who owned such
property prior to such election to take or purchase executes
a written waiver of his or her right to acquire other
property in restricted status pursuant to section 102; and
(B) such restrictions appear in the deed transferring such
property to the Individual Indian electing to take at
partition or purchasing such property, together with
certification on said deed by the Secretary that the
requirements of this paragraph have been met.
SEC. 102. REINVESTMENT OF PROCEEDS FROM CONDEMNATION OR
CONVEYANCE OF RESTRICTED PROPERTY.
(a) Requirement.--Upon the conveyance of the restricted
property of an Individual Indian pursuant to this Act, or
upon the conveyance or condemnation of such property pursuant
to section 3 of the Act of March 3, 1901 (25 U.S.C. 357) or
other Federal laws generally applicable to the condemnation
of Indian trust or restricted property, the Secretary shall
use any proceeds from such conveyance or condemnation to
purchase from a willing seller other property designated by
such Individual Indian, and such designated property shall be
restricted property if--
(1) such proceeds were deposited into a segregated trust
fund account under the supervision of the Secretary at the
request of the Individual Indian;
(2) such Individual Indian provides a written statement to
the Secretary for payment of all or a portion of such
proceeds for purchase of property to be held in restricted
status;
(3) such Individual Indian has not executed a written
waiver of his or her right to acquire other property in
restricted status pursuant to section 101;
(4) such restrictions appear in the conveyance to the
Individual Indian with certification by the Secretary that
the requirements of this section have been met;
(5) such property is located within the State of Oklahoma;
and
(6) the Secretary determines that there are no existing
liens or other encumbrances which would substantially
interfere with the use of the property.
(b) Fair Market Value in Excess of Proceeds.--If the fair
market value of any property designated under subsection (a)
exceeds the amount of proceeds that are derived from the
conveyance or condemnation of such property, a specific tract
of land within the property shall be designated by the
Individual Indian for placement in restricted status. Such
restrictions shall appear on the face of the deed with
certification by the Secretary describing that portion of the
property which is subject to restrictions.
(c) Rule of Construction.--The provisions of subsections
(a) and (b) of this section shall apply to the reinvestment
of proceeds derived from the conveyance or condemnation of
restricted property of an Individual Indian pursuant to the
Act of March 2, 1931, as amended by the Act of June 30, 1932
(25 U.S.C. 409a), where such reinvestment occurs after the
effective date of this Act.
SEC. 103. TRUST FUNDS.
(a) In General.--All funds and securities held or
supervised by the Secretary derived from restricted property
or Individual Indian trust property on or after the effective
date of this Act, including proceeds from any conveyance or
condemnation as provided for in section 102, are deemed to be
held in trust and shall remain subject to the jurisdiction of
the Secretary.
(b) Use of Funds.--Funds, securities, and proceeds
described in subsection (a) may be released upon approval or
expended by the Secretary for the use and benefit of the
Individual Indians to whom such funds, securities, and
proceeds belong, under such rules and regulations as the
Secretary shall prescribe.
SEC. 104. PERIOD OF RESTRICTIONS.
Subject to the provisions of this Act that permit
restrictions to be removed, the period of restriction against
alienation, conveyance, lease, mortgage, creation of liens,
or
[[Page H3403]]
other encumbrances of restricted property and funds belonging
to Individual Indians, is hereby extended until an Act of
Congress determines otherwise.
SEC. 105. REMOVAL OF RESTRICTIONS.
(a) Procedure.--
(1) Application.--An Individual Indian who owns restricted
property, or the legal guardian of a minor Individual Indian
or of an Individual Indian who has been determined to be
legally incompetent by a court of competent jurisdiction
(including a tribal court), may apply to the Secretary for an
order removing restrictions on any interest in restricted
property owned by such Individual Indian. The application
shall be considered by the Secretary only as to the tract,
tracts, or severed mineral or surface interest described in
the application.
(2) Consideration of application.--Not later than 90 days
after the date on which an application referred to in
paragraph (1) is submitted to the Secretary, the Secretary
shall either issue the removal order or disapprove the
application.
(3) Disapproval by virtue of missed deadline.--If the
application referred to in paragraph (1) is not approved
within 90 days of submission to the Secretary, the
application shall be deemed to have been disapproved pursuant
to paragraph (4)(B). Such disapproval of the application
shall be subject to review in accordance with the
Administrative Procedures Act (5 U.S.C. 701 et seq.), and the
Secretary's regulations governing administrative appeals.
(4) Disapproval.--The Secretary shall disapprove an
application pursuant to paragraph (2) if--
(A) in the Secretary's judgment, the applicant has been
subjected to fraud, undue influence, or duress by a third
party; or
(B) the Secretary determines it is otherwise not in the
Individual Indian owner's best interest.
(b) Removal of Restrictions.--When an order to remove
restrictions becomes effective under subsection (a), the
Secretary shall issue a certificate describing the property
and stating that the Federal restrictions have been removed.
(c) Submission of List.--Not later than April 1 of each
year, the Secretary shall cause to be filed with the county
treasurer of each county in the State of Oklahoma where
restricted property is situated, a list of restricted
property that has lost its restricted status during the
preceding calendar year in accordance with the provisions of
this Act. The Secretary shall also cause such list to be
filed in the appropriate land titles and records offices
designated by the Secretary pursuant to section 406(a).
(d) Rule of Construction.--Nothing in this section shall be
construed to--
(1) abrogate valid existing rights to property that is
subject to an order to remove restrictions under this
section; and
(2) remove restrictions on any other restricted property
owned by the applicant.
SEC. 106. EXEMPTIONS FROM PRIOR CLAIMS.
Sections 4 and 5 of the Act of May 27, 1908 (35 Stat. 312,
chapter 199), shall apply to all restricted property.
SEC. 107. FRACTIONAL INTERESTS.
Upon application by an Individual Indian owner of an
undivided unrestricted interest in property of which a
portion of the interests in such property is restricted as of
the effective date of this Act, the Secretary shall forthwith
convert that unrestricted interest into restricted status if
all of the undivided interests in the property are owned by
Individual Indians as of the date of the application under
this section. The conversion into restricted status shall be
effective upon the date of filing of a restricted form deed
with the county clerk of the county where the property is
situated; provided that such deed must be executed by the
applicant and approved by the Secretary.
TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES,
AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS
SEC. 201. APPROVAL AUTHORITY FOR CONVEYANCES AND LEASES.
The Secretary shall have exclusive jurisdiction to approve
conveyances and leases of restricted property by an
Individual Indian or by any guardian or conservator of any
Individual Indian who is a ward in any guardianship or
conservatorship proceeding pending in any court of competent
jurisdiction, except that petitions for such approvals that
are filed in Oklahoma district courts prior to the effective
date of this Act shall be heard and adjudicated by such
courts pursuant to the procedures described in section 1 of
the Act of August 4, 1947 (61 Stat. 731, chapter 458), as in
effect on the day before the effective date of this Act,
unless the Individual Indian, guardian, or conservator
dismisses the petition or otherwise objects to the conveyance
or lease prior to final court approval.
SEC. 202. APPROVAL OF CONVEYANCES.
(a) Procedure.--
(1) In general.--The Secretary may approve the conveyance
of interests in restricted property by an Individual Indian--
(A) after the property is appraised by the Secretary;
(B) for an amount that is not less than 90 percent of the
appraised value of the property;
(C) to the highest bidder through the submission to the
Secretary of closed, silent bids or negotiated bids; and
(D) upon the approval of the Secretary.
(2) Approval of deed.--No deed conveying an interest in
restricted property shall be valid unless the Secretary's
approval is endorsed on the face of such deed.
(b) Exception.--
(1) In general.--Notwithstanding subsection (a)(2)(B), the
Secretary may approve the conveyance of restricted property,
or any portion thereof, by an Individual Indian to any of the
individuals described in paragraph (2) without soliciting
bids, providing notice, or for consideration which is less
than the appraised value of the property, if the Secretary
determines that the conveyance is not contrary to the best
interests of the Individual Indian and that the Individual
Indian has been duly informed of and understands the fair
market appraisal, and is not being coerced into the
conveyance.
(2) Individuals.--An individual described in this paragraph
is limited to the Individual Indian spouse, father, mother,
brother or sister, son, daughter or other lineal descendant,
aunt or uncle, cousin, niece or nephew, or Individual Indian
co-owner.
SEC. 203. REIMPOSITION OF RESTRICTIONS ON RESTRICTED PROPERTY
CONVEYED TO INDIAN HOUSING AUTHORITIES.
(a) In General.--
(1) Certificate of restricted status.--In any case where
the restrictions have been removed from restricted property
for the purpose of allowing conveyances of the property to
Indian housing authorities to enable such authorities to
build homes for individual owners or relatives of owners of
restricted property, the Secretary shall issue a Certificate
of Restricted Status describing the property and imposing
restrictions thereon upon written request by the Individual
Indian homebuyer or an Individual Indian successor in
interest to such homebuyer.
(2) Request for certificate.--The request referred to in
paragraph (1) shall--
(A) include evidence satisfactory to the Secretary that the
homebuyer's contract has been paid in full; and
(B) be delivered to the Secretary not later than 5 years
after the housing authority conveys such property back to the
original Individual Indian homebuyer or an Individual Indian
assignee or successor of the original Individual Indian
homebuyer.
(b) Existing Liens.--Prior to issuing a certificate under
subsection (a) with respect to property, the Secretary may
require the elimination of any existing liens or other
encumbrances which would substantially interfere with the use
of the property.
(c) Application to Certain Homebuyers.--Individual Indian
homebuyers described in subsection (a) who acquired ownership
of property prior to the effective date of this Act shall
have 5 years from such effective date to request that the
Secretary issue a certificate under such subsection.
(d) Rule of Construction.--Nothing in this Act shall be
construed to limit or affect the rights of Individual Indians
described in this section under other Federal laws and
regulations relating to the acquisition and status of trust
property.
SEC. 204. ADMINISTRATIVE APPROVAL OF PARTITION IN KIND.
(a) Partition in Kind of Trust Property.--
(1) Jurisdiction.--The Secretary shall have exclusive
jurisdiction to approve the partition in kind of trust
property pursuant to paragraph (2), where all of the
undivided -interests in such property are held in trust.
(2) Approval order.--The Secretary may issue an order
approving the partition in kind of trust property described
in paragraph (1) after receiving an application pursuant to -
subsection (d)(1) and satisfying the requirements of
subsection (d), paragraphs (2) and (3), if--
(A) the Individual Indian owners of more than 50 percent of
the total undivided interest in the property approve a plan
to partition such property; and
(B) the Secretary finds the plan to be reasonable, fair,
and equitable.
(3) Rule of construction.--This subsection shall not apply
to trust property if 1 or more of the undivided interests
referred to in paragraph (1) are held in trust for an Indian
Nation.
(b) Partition in Kind of Property Comprised of Undivided
Trust and Nontrust Interests.--
(1) Jurisdiction.--The Secretary shall have jurisdiction to
approve deeds for the partition in kind of property comprised
of undivided trust and nontrust interests, held in common
ownership by at least 1 Individual Indian and 1 or more co-
owners.
(2) Approval of partition deeds.--The Secretary may issue
an order approving the partition in kind of all or a portion
of the property described in paragraph (1) after receiving an
application pursuant to subsection (d)(1) and satisfying the
requirements of subsection (d), paragraphs (2) and (3), if--
(A) a plan described in subsection (d)(2) or (d)(3) is
approved in writing by all of the owners; and
(B) the Secretary finds the plan to be reasonable, fair,
and equitable.
(c) Partition of Restricted Property.--
(1) Jurisdiction.--The Secretary shall have jurisdiction to
approve deeds for the partition in kind of property some or
all of which consists of undivided interests in restricted
property.
(2) Approval of partition deeds.--The Secretary may--
(A) approve the partition in kind of all or a portion of
the property described in paragraph (1) after receiving an
application pursuant to subsection (d)(1) and satisfying the
[[Page H3404]]
requirements of subsection (d), paragraphs (2) and (3); and
(B) secure and approve appropriate deeds from all
Individual Indian owners if--
(i) a plan described in subsection (d)(2) or (d)(3) is
approved in writing by all of the Individual Indians who own
an undivided restricted interest in the property; and
(ii) the Secretary finds the plan to be reasonable, fair,
and equitable.
(3) Continuation of restricted status.--The restricted
status of any property acquired by an Individual Indian by
deed exchange for the purpose of effecting a partition plan
shall remain restricted pursuant to section 101(b)(1). Any
property acquired by an Individual Indian by purchase for the
purpose of effecting a partition plan shall remain restricted
if the requirements of section 101(b)(2) are met.
(d) Procedures.--
(1) Application.--An owner or owners of an undivided
interest in any trust property described in subsections
(a)(1) or (b)(1) or any restricted property described in
subsection (c)(1) may make written application, on a form
approved by the Secretary, for the partition in kind of the
restricted property or trust property described in the
application.
(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 subsections (a)(2)(A),
(b)(2)(A), or (c)(2)(B).
(3) Proposed land division plan.--The Secretary shall give
applicants and all other owners of property subject to a
partition application under this section a reasonable
opportunity to negotiate a proposed land division plan for
the purpose of securing ownership of a tract on the property
equivalent to their respective interests in the undivided
estate, prior to taking any action related to partition in
kind of the property under this section. The Secretary may
facilitate the negotiations for a land division plan.
(4) Conveyances.--After the Secretary has approved a
partition pursuant to subsection (a), (b), or (c), the
Secretary shall issue or approve any orders, deeds, or
instruments of conveyance necessary to complete the
partition.
(e) Authority of Secretary to Consent to Plan of Partition
on Behalf of Certain Owners.--The Secretary may give written
consent to a plan of partition--
(1) pursuant to subsections (a)(2)(A), (b)(2)(A), or
(c)(2)(B)(1) on behalf of any owner of an undivided interest
if--
(A) the owner is deceased and the heirs to, or devisees of,
the interest of the deceased owner have not been determined;
(B) the heir or devisee referred to in paragraph (1) has
been determined but cannot be located; or
(C) the owner is a minor, non compos mentis, or otherwise
under legal disability (unless a guardian or conservator
possesses the authority to approve a plan of partition on
behalf of the owner); and
(2) pursuant to subsections (b)(2)(A) and (c)(2)(B) on
behalf of any Individual Indian owner who cannot be located
if the owners of 50 percent or more of the individual
interest consent to such a plan.
SEC. 205. SURFACE LEASES.
The Secretary may approve leases of restricted property by
an Individual Indian pursuant to the Act of August 9, 1955
(25 U.S.C. 415 et seq.), section 105 of the American Indian
Agricultural Resource Management Act (25 U.S.C. 3715), and
section 219 of the Indian Land Consolidation Act (25 U.S.C.
2218).
SEC. 206. SECRETARIAL APPROVAL OF MINERAL LEASES OR
AGREEMENTS.
(a) Approval.--
(1) General rule.--No lease or agreement purporting to
convey or create any mineral interest in restricted or trust
property that is entered into or renewed after the effective
date of this Act shall be valid unless approved by the
Secretary.
(2) Requirements.--The Secretary may approve a lease or
agreement described in paragraph (1) only if--
(A) the Individual Indian owners of a majority of the
undivided interest in the restricted or trust mineral estate
that is the subject of the lease or agreement (including any
interest covered by a lease or agreement executed by the
Secretary under subsection (c)) consent to the lease or
agreement;
(B) the Secretary determines that approving the lease or
agreement is in the best interest of the Individual Indian
owners of the restricted or trust mineral interests; and
(C)(i) the Secretary has accepted the highest bid for such
lease or agreement after a competitive bidding process has
been conducted by the Secretary, or
(ii) the Secretary has determined that it is in the best
interest of the Individual Indian owners to award a lease
made by negotiation, and the Individual Indian owners so
consent in writing.
(b) Effect of Approval.--Upon the approval of a lease or
agreement by the Secretary under subsection (a), the lease or
agreement shall be binding upon all owners of the restricted
or trust undivided interests subject to the lease or
agreement and all other parties to the lease or agreement, to
the same extent as if all of the owners of the restricted or
trust mineral interests involved had consented to the lease
or agreement.
(c) Execution of Lease or Agreement by Secretary.--The
Secretary may execute a mineral lease or agreement that
affects restricted or trust property interests on behalf of
an Individual Indian owner if that owner is deceased and the
heirs to, or devisees of, the interest of the deceased owner
have not been determined, or if the heirs or devisees have
been determined but one or more of the heirs or devisees
cannot be located.
(d) Distribution of Proceeds.--The proceeds derived from a
mineral lease or agreement approved by the Secretary under
subsection (a) shall be distributed in accordance with the
interest held by each owner pursuant to such rules and
regulations as may be promulgated by the Secretary.
(e) Communitization Agreements.--Restricted or trust
mineral interests underlying property located within a
spacing and drilling unit approved by the Oklahoma
Corporation Commission shall not be drained of any oil or gas
by a well within such unit without a communitization
agreement prepared and approved by the Secretary. In the
event of any such drainage without a communitization
agreement approved by the Secretary, 100 percent of all
revenues derived from the production from any such restricted
or trust property shall be paid to the Individual Indian
owner free of all drilling, lifting, and other production
costs.
SEC. 207. MANAGEMENT OF MINERAL INTERESTS.
(a) Oil and Gas Conservation Laws.--
(1) In general.--Except as otherwise provided in this Act,
the oil and gas conservation laws of the State of Oklahoma
shall apply to restricted property.
(2) Approval.--No order of the Corporation Commission
affecting restricted property shall be valid as to such
property until such order is submitted to and approved by the
Secretary.
(3) Notice.--Notice of any hearing or any order pending
before the Oklahoma Corporation Commission affecting
restricted or trust property shall be furnished to the
Secretary of the Interior not less than 30 days prior to the
date of the hearing or the approval of the order by the
Commission.
(4) Rule of construction.--To the extent that an interest
in any such well is not restricted property, the authority of
the Secretary over the restricted mineral interest shall be
exercised in conjunction with the Oklahoma Corporation
Commission's authority over such nonrestricted interest.
Nothing in this subsection shall be construed to grant to the
State of Oklahoma regulatory jurisdiction over the protection
of the environment and natural resources of restricted
property, except to the limited extent granted by this
subsection.
(b) Implementation of Federal Oil and Gas Royalty
Management Act.--Beginning on the effective date of this Act,
the Secretary shall exercise all the duties and
responsibilities of the Secretary under the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1702 et seq.)
with respect to an oil and gas lease where--
(1) the Secretary has approved the oil and gas lease
pursuant to section 206(a);
(2) the Secretary has, prior to the effective date of this
Act, approved the oil and gas lease pursuant to the Act of
May 27, 1908 (35 Stat. 312, chapter 199); or
(3) the Secretary has, before the effective date of this
Act, approved an oil and gas lease of lands of any of the
Five Nations pursuant to the Act of May 11, 1938 (25 U.S.C.
396a et seq.).
SEC. 208. MORTGAGES.
An Individual Indian may mortgage restricted property only
in accordance with and under the authority of the Act of
March 29, 1956 (25 U.S.C. 483a).
TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER PROCEEDINGS
AFFECTING TITLE TO RESTRICTED PROPERTY
SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.
The Secretary shall have jurisdiction over actions
affecting title to, or use or disposition of, trust property
or restricted property. The United States district courts in
the State of Oklahoma and the courts of the State of Oklahoma
shall have jurisdiction over actions affecting title to, or
use or disposition of, trust property or restricted property
only to the extent expressly authorized by this Act or by
other Federal laws applicable to trust property or restricted
property.
SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.
(a) Jurisdiction.--The Secretary shall have exclusive
jurisdiction to probate wills or otherwise determine heirs of
deceased Individual Indians and to adjudicate all such estate
actions to the extent that they involve individual trust
property, restricted property, or trust funds or securities
held or supervised by the Secretary derived from such
property, subject to the following exceptions:
(1) The Secretary shall not have jurisdiction over such
estate actions that are pending in the courts of the State of
Oklahoma as provided in section 306 on the effective date of
this Act.
(2) The Secretary shall not have jurisdiction over any
estate for which a final order of probate or determination of
heirs was issued by a court of the State of Oklahoma or a
United States district court prior to the effective date of
this Act.
[[Page H3405]]
(b) Governing Laws.--Notwithstanding any other provision of
law, the Secretary shall have jurisdiction and authority
under this section and sections 1 and 2 of the Act of June
25, 1910 (25 U.S.C. 372 and 373, respectively) to determine
heirs, approve and probate wills, and distribute restricted
property, trust property, and trust funds in estates of
Individual Indian decedents, subject to the following
requirements:
(1) Law applicable to estates of individual indian
decedents who died intestate prior to effective date.--The
administrative law judge or other official designated by the
Secretary shall apply the laws of the State of Oklahoma
governing descent and distribution in force on the date of
the decedent's death to all restricted property, trust
property, and trust funds or securities derived from such
property in the estates of deceased Individual Indians who
died intestate prior to the effective date of this Act.
(2) Law applicable to estates of individual indian -
decedents who die intestate on or after effective date.--The
administrative law judge or other official designated by the
Secretary shall apply the following laws to all restricted
property, trust property, and trust funds or securities
derived from such property in the estates of deceased
Individual Indians who die intestate on or after the
effective date of this Act:
(A) A probate code approved by the Secretary applicable to
such property, funds, and securities but only if approved by
the Secretary in accordance with section 206(b)(2) of Public
Law 97-459 (25 U.S.C. 2205(b)(2)).
(B) In the absence of a probate code approved by the
Secretary in accordance with section 206(b)(2) of Public Law
97-459 (25 U.S.C. 2205(b)(2)), any Federal statute
establishing rules of descent and distribution for trust or
restricted property.
(C) In the absence of either a probate code approved by the
Secretary in accordance with section 206(b)(2) of Public Law
97-459 (25 U.S.C. 2205(b)(2)) or a Federal statute
establishing rules of descent and distribution for trust or
restricted property, the laws of descent and distribution in
force in the State of Oklahoma.
(3) Law applicable to wills executed prior to effective
date.--
(A) In general.--The Secretary shall approve a will of an
estate containing trust property, restricted property, or
trust funds or securities derived from such property if the
will was executed by an Individual Indian (i) prior to the
effective date of this Act, and (ii) in accordance with the
laws of the State of Oklahoma governing the validity and
effect of wills.
(B) Exception.--Notwithstanding subparagraph (A), the will
of a full-blood Individual Indian which disinherits the
parent, spouse, or one or more children of such full-blood
Individual Indian shall not be valid with respect to the
disposition of restricted property unless the requirements of
section 23 of the Act of April 26, 1906 (34 Stat. 137,
chapter 1876), as in effect on the day before the effective
date of this Act, are met.
(4) Law applicable to wills executed on or after effective
date.--
(A) In general.--Any Individual Indian who has attained age
18 and owns restricted property, trust property, or trust
funds or securities may dispose of such assets by will,
executed on or after the effective date of this Act. The
Secretary shall review and approve such wills in accordance
with section 2 of the Act of June 25, 1910 (25 U.S.C. 373).
(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 as property of an intestate decedent under
paragraph (2).
(5) Federal law controls.--Notwithstanding any other
provision of this section, Federal law governing personal
claims against the estate of a deceased Individual Indian or
against trust property or restricted property, including the
restrictions imposed by this Act or other applicable Federal
law against the alienation, conveyance, lease, mortgage,
creation of liens, or other encumbrances of trust property,
restricted property, and trust funds and securities shall
apply to all such assets contained in the estate of the
deceased Individual Indian.
SEC. 303. ACTIONS TO CURE TITLE DEFECTS.
(a) Jurisdiction.--Except as provided in subsections (b)
and (c), the United States district courts in the State of
Oklahoma and the State courts of Oklahoma shall retain
jurisdiction over actions seeking to cure defects affecting
the marketability of title to restricted property.
(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 if all requirements of
Oklahoma law for acquiring title by adverse possession,
including the running of the full 15-year limitations period,
have been met prior to the effective date of this Act.
(c) Law Applicable in Certain Actions.--In any action
referred to in subsection (b)(2) that is--
(1) filed not later than 2 years after the effective date
of this Act, the law applicable to such an action on the day
before the date of the enactment of this Act shall apply; and
(2) filed more than 2 years after the effective date of
this Act, the claimant must show by clear and convincing
evidence that all requirements of Oklahoma law for acquiring
title by adverse possession in effect on the day before the
date of the enactment of this Act, including the running of
the full 15-year limitations period, were met prior to the
effective date of this Act.
(d) Applicability of Certain Provision of This Act.--Any
action filed pursuant to subsection (a) or (b)(z) shall be
subject to the procedures set forth in section 305.
(e) Heirship Determinations and Dispositions.--
(1) No derogation of jurisdiction.--Nothing in this section
shall be construed to authorize a determination of heirs in a
quiet title action in Federal or State court in derogation of
the Secretary's exclusive jurisdiction to probate wills or
otherwise determine heirs of the deceased Individual Indians
owning restricted property and to adjudicate all such estate
actions involving restricted property pursuant to section
302, or in derogation of the Secretary's exclusive
jurisdiction over the disposition of restricted property
under this Act.
(2) Request for determination of heirs to establish
marketable title.--Any grantee of an undetermined heir who,
prior to the effective date of this Act and in accordance
with applicable Federal laws, conveyed, leased, or otherwise
encumbered his or her interest in the restricted property of
an unprobated estate of an Individual Indian decedent may
request that the Secretary determine the heirs of the
decedent in order to establish marketable title in said
grantee.
(3) Determination required.--Upon receipt of an application
made under paragraph (2), the Secretary shall determine the
heirs in accordance with the provisions of section 302.
(4) Grantee.--For purposes of this subsection the term
grantee shall include any grantee, lessee, or mortgagee of
such heir and any successors or assigns of such grantee.
SEC. 304. INVOLUNTARY PARTITIONS OF RESTRICTED PROPERTY.
(a) Petition; Jurisdiction and Applicable Law;
Requirements.--
(1) Petitions.--Subject to the provisions of subsection
(d), any person who owns any undivided interest in a tract of
property consisting entirely or partially of undivided
restricted interests, regardless of the size of that person's
interest in the whole tract, may file an action in the United
States district court in the district wherein the tract is
located or the Oklahoma State district court for the county
wherein the tract is located for the involuntary partition of
such tract.
(2) Jurisdiction; applicable law.--The United States
district courts in the State of Oklahoma and the State courts
of Oklahoma shall have jurisdiction over actions for the
involuntary partition of property filed pursuant to this
section, subject to all requirements and limitations of this
section and the requirements in sections 305 and 306. The
laws of the State of Oklahoma governing the partition of
property shall be applicable to all actions for involuntary
partition under this section, except to the extent that any
such laws are in conflict with any provisions of this section
and sections 305 and 306.
(3) Agreement after initiation of action.--If after the
initiation of any action authorized by this section, the
parties to the suit reach an agreement for the partition of
the property in kind or by sale, such agreement shall not be
valid or binding as to the restricted interests until it is
approved by the Secretary. The Secretary shall approve the
partition plan if he finds it to be fair, reasonable and
equitable to the Individual Indian owners of the restricted
interests.
(4) Approval of election or sale.--If the tract consists of
wholly or partially undivided restricted interests, the court
may approve an election by any undivided interest owner to
take the property at the full appraised value pursuant to the
laws of the State of Oklahoma governing partitions in effect
on the effective date of this Act or, if there is no such
election, to approve the sale of the property at public
auction for no less than two-thirds of the appraised value
pursuant to such laws of the State of Oklahoma.
(5) Determination of value.--The Secretary shall determine
the value of the property and submit an appraisal to the
court. If the value of the property determined by the
Secretary is greater than the valuation or appraisement of
the property made pursuant to law of the State of Oklahoma,
the court shall set a hearing at which time the Secretary and
any other party shall be afforded an opportunity to present
evidence regarding the value of the property, following which
the court may accept the Secretary's valuation, or accept the
valuation and appraisement made pursuant to law of the State
of Oklahoma, or order a new valuation and appraisement
pursuant to law of the State of Oklahoma.
[[Page H3406]]
(b) Payment to Nonconsenting Owners of Restricted
Interests.--Nonconsenting owners of undivided restricted
interests shall receive for the sale of such interests their
proportionate share of the greater of--
(1) the proceeds paid at the partition sale; or
(2) an amount equal to 90 percent of the appraised value of
the tract.
(c) Costs.--A nonconsenting Individual Indian owner of
restricted interests shall not be liable for any filing fees
or costs of an action under this section, including the cost
of an appraisal, advertisement, and sale, and no such costs
shall be charged against such nonconsenting owner's share of
the proceeds of sale.
(d) Deadline.--No action for the involuntary partition of
property shall be maintained under this section unless it is
filed within 10 years after the effective date of this Act.
SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE TITLE DEFECTS AND
INVOLUNTARY PARTITIONS.
(a) In General.--All actions authorized by sections 303 and
304 shall be conducted in accordance with the requirements
and procedures described in this section.
(b) Parties.--
(1) United states.--The United States shall not be a
necessary and indispensable party to an action authorized
under section 303 or 304. The Secretary may participate as a
party in any such action.
(2) Participation of the secretary.--If the Secretary
elects to participate in an action as provided for under
paragraph (1), the responsive pleading of the Secretary shall
be made not later than 20 days after the Secretary receives
the notice required under subsection (c), or within such
extended time as the trial court in its discretion may
permit.
(3) Judgment binding.--After the appearance of the
Secretary in any action described in paragraph (1), or after
the expiration of the time in which the Secretary is
authorized to respond under paragraph (2), the proceedings
and judgment in such action shall be binding on the United
States and the parties upon whom service has been made and
shall affect the title to the restricted property which is
the subject of the action, in the same manner and extent as
though nonrestricted property were involved.
(4) Rule of construction.--Nothing in this section shall be
construed to waive the requirement of service of summons in
accordance with applicable Federal or State law upon the
Individual Indian landowners, who shall be necessary and
indispensable parties to all actions authorized by sections
303 and 304.
(c) Notice.--
(1) In general.--The plaintiff in any action authorized by
sections 303 and 304 shall serve written notice of the filing
of such action and of a petition or complaint, or any amended
petition or complaint which substantially changes the nature
of the action or includes a new cause of action, upon the
Secretary not later than 10 days after the filing of any such
petition or complaint or any such amended petition or
complaint.
(2) Filing with clerk.--At least one duplicate original of
any notice served under paragraph (1) shall be filed with the
clerk of the court in which the action is pending.
(3) Requirements.--The notice required under paragraph (1)
shall be--
(A) accompanied by a certified copy of all pleadings on
file in the action at the time of the filing of the duplicate
original notice with the clerk under paragraph (2);
(B) signed by the plaintiff to the action or his or her
counsel of record; and
(C) served by certified mail, return receipt requested, and
due return of service made thereon, showing date of receipt
and service of notice.
(4) Failure to serve.--If the notice required under
paragraph (1) is not served within the time required under
such paragraph, or if return of service thereof is not made
within the time permitted by law for the return of service of
summons, alias notices may be issued and filed until service
and return of notice is made, except that in the event that
service of the notice required under such paragraph is not
made within 60 days following the filing of the petition or
complaint or amendments thereof, the action shall be
dismissed without prejudice.
(5) Limitation.--In no event shall the United States or the
parties named in a notice filed under paragraph (1) be bound,
or title to the restricted property be affected, unless
written notice is served upon the Secretary as required under
this subsection.
(d) Removal.--
(1) In general.--The United States shall have the right to
remove any action to which this section applies that is
pending in a State court to a United States district court by
filing with the State court, not later than 20 days after the
service of any notice with respect to such action under
subsection (c), or within such extended period of time as the
trial court in its discretion may permit, a notice of the
removal of such action to a United States district court,
together with the certified copy of the pleadings in such
action as served on the Secretary under subsection (c).
(2) Duty of state court.--It shall be the duty of a State
court to accept a notice filed under paragraph (1) and
proceed no further in said suit.
(3) Pleadings.--Not later than 20 days after the filing of
a notice under paragraph (1), the copy of the pleadings
involved (as provided under such paragraph) shall be entered
in the United States district court and the defendants and
intervenors in such action shall, not later than 20 days
after the pleadings are so entered, file a responsive
pleading to the complaint in such action.
(4) Proceedings.--Upon the submission of the filings
required under paragraph (3), the action shall proceed in the
same manner as if it had been originally commenced in the
United States district court, and its judgment may be
reviewed by certiorari, appeal, or writ of error in like
manner as if the action had been originally brought in such
district court.
SEC. 306. PENDING STATE PROCEEDINGS.
The courts of the State of Oklahoma shall continue to
exercise authority as a Federal instrumentality over all
heirship, probate, partition, and other actions involving
restricted property that are pending on the effective date of
this Act until the issuance of a final judgment and
exhaustion of all appeal rights in any such action, or until
the petitioner, personal representative, or the State court
dismisses the action in accordance with State law.
TITLE IV--MISCELLANEOUS
SEC. 401. REGULATIONS.
The Secretary may promulgate such regulations as may be
necessary to carry out this Act, except that failure to
promulgate such regulations shall not limit or delay the
effect of this Act.
SEC. 402. VALIDATION OF CERTAIN TRANSACTIONS; SAVINGS CLAUSE.
(a) Validation of Certain Title Transactions.--Any person
having the legal capacity to own real property in the State
of Oklahoma who claims ownership of an interest in such
property through an unbroken chain of title of record, the
title to which interest is or may be defective as a result of
any transaction described in paragraphs (1) through (5) of
this subsection that occurred in such chain of title, may
cure the defect in title and validate the transaction by
following the procedures of this section. When all conditions
and requirements of this section have been met, and if no
notice of objection has been timely filed by the Secretary
under subsection (c) or by any other person under subsection
(f), the transaction shall be validated and shall not be
considered a defect in the muniments of title but only
insofar as the defect is based on or arises from Federal
statutes applicable to the conveyance or inheritance of
restricted property in effect at the time of the transaction.
The transactions referred to in this subsection are the
following:
(1) Any probate order issued by a county court of the State
of Oklahoma prior to the effective date of the Act of June
14, 1918 (40 Stat. 606) purporting to probate the estate of
an Individual Indian who died owning property which was
subject to restrictions against alienation pursuant to
Federal statutes in effect at the time of issuance of such
probate order.
(2) Any probate order issued by a county or district court
of the State of Oklahoma more than 30 years prior to the
effective date of this Act purporting to probate the estate
of a deceased Individual Indian who died owning property
which was subject to restrictions against alienation pursuant
to Federal law in effect at the time of issuance of such
probate order, where notice was not given as required by
Federal statutes in effect at the time.
(3) Any conveyance of record, including an oil and gas or
mineral lease, of an interest in property which was subject
to restrictions against alienation pursuant to Federal
statutes in effect at the time of the conveyance executed by
a person who was an heir or purported heir of the Individual
Indian decedent who owned such property at the time of his
death, if such conveyance was approved by a county or
district court in Oklahoma more than 30 years before the
effective date of this Act but where no judicial or
administrative order of record was issued before or after
such approval finding that such person was in fact the heir
to the interest conveyed.
(4) Any conveyance of record, including an oil and gas or
mineral lease, of individual trust property or property which
was subject to restrictions against alienation pursuant to
Federal statutes in effect at the time of the conveyance that
was approved by a county or district court in Oklahoma or by
the Secretary more than 30 years before the effective date of
this Act, where--
(A) approval was not in compliance with the notice
requirements of Federal statutes governing the conveyance of
said individual trust property or said restricted property;
or
(B) approval was given by a county or district court in
Oklahoma of a conveyance of the property by a personal
representative in a probate action over which said county or
district court possessed jurisdiction, without compliance
with Federal statutes governing the conveyance of the
property in effect at the time of the conveyance.
(5) Any conveyance of record, including an oil and gas or
mineral lease, of individual trust property or property which
was subject to restrictions against alienation pursuant to
Federal statutes in effect at the time of the conveyance that
was approved by a county or district court in Oklahoma or by
the Secretary at any time before the effective date of this
Act, where--
(A) approval was given by the Secretary where the Federal
statutes governing the conveyance of the property required
approval by a county or district court in Oklahoma; or
[[Page H3407]]
(B) approval was given by a county or district court in
Oklahoma where the Federal statutes governing the conveyance
of the property in effect at the time of the conveyance
required approval of the Secretary.
(b) Notice of Claim; Service and Recording.--
(1) Notice to the secretary.--Any claimant described in
subsection (a) must serve written notice of his or her claim
by certified mail, return receipt requested, on the
Secretary, and file the notice of claim, together with a copy
of the return receipt showing delivery to the Secretary and
filing in the office of county clerk in the county or
counties wherein the property is located. The notice shall
not be complete for the purposes of this section until it has
been served on the Secretary and filed of record as herein
provided. The notice of claim shall set forth the following:
(A) The claimant's name and mailing address.
(B) An accurate and full description of all property
affected by such notice, which description shall be set forth
in particular terms and not be general inclusions; but if
said claim is founded upon a recorded instrument, then the
description in such notice may be the same as that contained
in such recorded instrument.
(C) A specific reference to or description of each title
transaction in the chain of title, including the date of
same, that the claimant is attempting to validate pursuant to
this section.
(D) A list of all documents of record that are part of the
claimant's unbroken chain of title, copies of which documents
shall be served with the notice.
(2) Publication notice.--In addition to the notice to the
Secretary required under paragraph (1), the claimant shall
give notice by publication of his or her claim to other
persons who may claim some interest in the property in
accordance with this paragraph. The claimant shall cause
notice of his or her claim to be published one time in a
newspaper of general circulation in the county or counties
wherein the property is located and shall thereafter cause
proof of such publication to be filed in the office of the
county clerk for such county or counties. The published
notice shall set forth the following:
(A) The claimant's name and mailing address.
(B) The same description of the property required under
subsection (b)(1)(B) to be included in the notice to the
Secretary.
(C) A description of each title transaction in the chain of
title, including the date of same, that the claimant is
attempting to validate pursuant to this section.
(D) A statement that any person claiming an interest in the
described property may file a written notice of objection, in
the form of a declaration under oath, in the office of the
county clerk of the county or counties wherein the property
is located not more than 60 days after the date of
publication of the notice in such newspaper, and that the
written notice of objection must set forth--
(i) the declarant's name and mailing address;
(ii) the description of the property set forth in the
publication notice; and
(iii) a statement that the declarant claims in good faith
to be the owner of some interest in the property and objects
to the validation of the transactions described in the
publication notice.
(c) Response Deadline; Extension.--The Secretary shall have
60 days after the date of receipt of the notice of claim in
which to notify the claimant in writing that the Secretary
exercises discretionary authority to object to the claim for
any reason. The Secretary shall be entitled to an automatic
extension of time of 60 days in which to object to the claim
upon the Secretary's service of written notice of extension
on the claimant within the initial 60-day response period.
(d) Notice of Objection; Remedies.--The Secretary shall
send the notice of objection and any notice of extension of
time to the claimant by certified mail to the address set
forth in the claimant's notice to the Secretary. The
Secretary's notice of objection or notice of extension of
time shall include a description of the property and shall be
effective on the date of mailing. The Secretary shall file
the notice of objection or notice of extension of time in the
office of the county clerk for the county or counties wherein
the property is located within 30 days after the date of
mailing of the notice to the claimant. If the Secretary
notifies the claimant that the Secretary objects to the
claim, such decision shall be final for the Department and
the claimant's sole remedies shall be to file an action to
cure title defects pursuant to section 303 of this Act or to
request a determination of heirs in accordance with section
302 of this Act.
(e) Undisputed Claim.--If, in the exercise of discretionary
authority pursuant to subsection (c), the Secretary does not
object to the claim, then the Secretary may notify the
claimant that the matter is not in dispute. Failure of the
Secretary to notify the claimant of the Secretary's objection
within the initial 60-day period, or within the 60-day
extension period if notice of an extension was given, shall
constitute acceptance of the claim. If the Secretary notifies
the claimant that the matter is not in dispute or fails to
file an objection to the claim of record within the time
required by subsection (d), the title transaction described
in the claimant's notice shall be deemed validated and shall
not be considered a defect in the muniments of the claimant's
title based on or arising from Federal statutes governing the
conveyance of restricted property in effect at the time of
the transaction, provided that no written notice of objection
is timely filed by other parties in response to a notice
published pursuant to subsection (b)(2) or in accordance with
subsection (f).
(f) Notice of Objection by Other Parties to Applicability
of This Section.--Any person claiming ownership of an
interest in property the record title to which includes a
title transaction described in subsection (a) of this section
may prevent the application of subsections (a) through (e) to
said interest by filing for record in the office of the
county clerk for the county or counties wherein the property
in question is located, no later than 3 years after the
effective date of this Act, a written notice of objection in
the form of a declaration made under oath setting forth the
following:
(1) The declarant's name and mailing address.
(2) An accurate and full description of all of the
declarant's property interests to be affected by such notice,
which description shall be set forth in particular terms and
not be general inclusions; but if said declarant's claim to
ownership is founded upon a recorded instrument, then the
description in such notice may be the same as that contained
in such recorded instrument.
(3) A statement that the declarant claims in good faith to
be the owner of an interest in the property described in the
notice and that the declarant objects to the operation of
this section with respect to any title transaction that would
otherwise be subject to validation under this section.
(g) Interests of Heirs of Less Than Half Degree Blood of
the Five Nations.--Nothing in this Act shall be construed to
invalidate--
(1) any conveyance of record, including a surface, oil and
gas, or mineral lease, of an interest in property made prior
to the effective date of this Act by an heir of a deceased
Individual Indian without district court approval where such
heir was of less than one-half degree of Indian blood, even
though the property was held in restricted status immediately
prior to the decedent Individual Indian's death; or
(2) any other encumbrance that attached prior to the
effective date of this Act to an interest in property of an
heir of a deceased Individual Indian where such heir was of
less than one-half degree of Indian blood, even though the
property was held in restricted status immediately prior to
the decedent Individual Indian's death.
(h) Terms.--For purposes of this section:
(1) A person shall be deemed to have an unbroken chain of
title when the official public records, including probate and
other official public records, as well as records in the
county clerk's office, disclose a conveyance or other title
transaction of record not less than 30 years prior to the
effective date of this Act, which said conveyance or other
title transaction purports to create such interest, either
in--
(A) the person claiming such interest; or
(B) some other person from whom, by 1 or more conveyances
or other title transactions of record, such purported
interest has become vested in the person claiming such
interest; with nothing appearing of record, in either case,
purporting to divest such claimant of such purported
interest.
(2) The term recording, when applied to the official public
records of any officer or court, includes filing with the
officer or court.
SEC. 403. REPEALS.
(a) In General.--The following provisions are repealed:
(1) The Act of August 11, 1955 (69 Stat. 666, chapter 786,
25 U.S.C. 355 note).
(2) Sections 1 through 5, 7 through 9, and 11 through 13 of
the Act of August 4, 1947 (61 Stat. 731, chapter 458, 25
U.S.C. 355 note).
(3) The Act of December 24, 1942 (56 Stat. 1080, Chapter
813).
(4) The Act of February 11, 1936 (25 U.S.C. 393a, Chapter
50).
(5) The Act of January 27, 1933 (47 Stat. 777, chapter 23,
25 U.S.C. 355 note).
(6) Sections 1, 2, 4, and 5 of the Act of May 10, 1928 (45
Stat. 495, chapter 517).
(7) The Act of April 12, 1926 (44 Stat. 239, chapter 115).
(8) Sections 1 and 2 of the Act of June 14, 1918 (Chapter
101, 25 U.S.C. 375 and 355, respectively).
(9) Sections 1 through 3 and 6 through 12 of the Act of May
27, 1908 (35 Stat. 312, chapter 199).
(10) Sections 6, 11, 15, 18, 20, and 23 of the Act of April
26, 1906 (34 Stat. 137, chapter 1876).
(b) Technical Amendments.--
(1) Section 28 of the Act of April 26, 1906 (34 Stat. 137,
chapter 1876) is amended--
(A) by striking the first proviso; and
(B) by striking ``Provided further'' and inserting
``Provided''.
(2) The Act of March 3, 1909, (35 Stat. 781, 783, chapter
263) is amended by striking ``of the Five Civilized Tribes
and''.
(3) Section 6 of the Act of August 4, 1947 (61 Stat. 733,
chapter 458) is amended--
(A) in subsection (c), by inserting before the final period
the following: ``: Provided further, That any interest in
restricted and tax-exempt lands acquired by descent, devise,
gift, exchange, partition, conveyance, or purchase with
restricted funds after the date of the enactment of the Five
Nations Indian Land Reform Act by an Indian of the Five
Civilized Tribes shall continue to be tax-exempt during the
restricted period''; and
[[Page H3408]]
(B) in subsection (e), by striking the first sentence.
(4) The Act of June 25, 1910 (25 U.S.C. section 373) is
amended by inserting at the beginning of the last proviso the
following: ``Except as provided in section 302(b) of the Five
Nation Indian Land Reform Act,''.
(5) The Act of May 7, 1970 (84 Stat. 203, Public Law 91-
240, 25 U.S.C. 375d), is amended--
(A) by inserting ``Creek,'' after ``Cherokee,''; and
(B) by striking ``derived and shall'' and inserting the
following: ``derived. Such lands, interests, and profits, and
any restricted Indian lands or interests therein allotted by
any such Indian nation that are reacquired by that Indian
nation by conveyance authorized under section 202(a) of the
Five Nations Indian Land Reform Act shall''.
(6) Section 1 of the Act of October 22, 1970 (84 Stat.
1091, Public Law 91-495), is amended by striking the last
sentence.
SEC. 404. SECRETARIAL TRUST RESPONSIBILITY.
Nothing in this Act shall be construed to waive, modify, or
diminish in any way the trust responsibility of the United
States over restricted property.
SEC. 405. REPRESENTATION BY ATTORNEYS FOR THE DEPARTMENT OF
THE INTERIOR.
Attorneys of the Department of the Interior may--
(1) represent the Secretary in any actions filed in the
State courts of Oklahoma involving restricted property;
(2) when acting as counsel for the Secretary, advising
Individual Indians owning restricted property (and to private
counsel for such Individual Indians if any) of their legal
rights with respect to the restricted property owned by such
Individual Indians;
(3) at the request of any Individual Indian owning
restricted property, take such action as may be necessary to
cancel or annul any deed, conveyance, mortgage, lease,
contract to sell, power of attorney, or any other encumbrance
of any kind or character, made or attempted to be made or
executed in violation of this Act or any other Federal law,
and take such action as may be necessary to assist such
Individual Indian in obtaining clear title, acquiring
possession, and retaining possession of restricted property
and any other appropriate remedy;
(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; and
(5) appear specially before the Oklahoma Corporation
Commission on behalf of the Secretary to protect Individual
Indians' restricted property interests.
SEC. 406. FILING REQUIREMENTS; CONSTRUCTIVE NOTICE.
(a) Requirement for Filing.--The Secretary shall file the
following orders or other decision documents which concern
restricted property and are issued after the effective date
of this Act by the Secretary in the appropriate land titles
and records offices, as designated by the Secretary, and in
the office of the county clerk in the county where such
restricted property is located:
(1) Any order or other decision document removing
restrictions, imposing restrictions, approving conveyances,
approving leases, approving voluntary partitions, approving
mortgages, probating wills, or determining heirs, and
approving orders of the Oklahoma Corporation Commission.
(2) Any notice issued by the Secretary pursuant to section
402.
(b) Constructive Notice.--The filing of said documents
pursuant to this section shall constitute constructive notice
to the public of the effect of said documents filed.
(c) Certification of Authenticity.--The Secretary shall
have authority to certify the authenticity of copies of such
documents and title examiners shall be entitled to rely on
said authenticated copies for the purpose of determining
marketability of title to the property described therein.
SEC. 407. PUBLICATION OF DESIGNATED OFFICIALS.
The Secretary shall identify each designee for purposes of
the receipt of notices or the performance of any Secretarial
duty or function under this Act by publication of notice in
the Federal Register.
SEC. 408. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit or affect
the rights of Individual Indians under other Federal laws
relating to the acquisition and status of trust property,
including without limitation, the following:
(1) The Act of June 18, 1934 (25 U.S.C. 461 et seq.)
(commonly known as the ``Indian Reorganization Act'').
(2) The Act of June 26, 1936 (25 U.S.C. 501 et seq.)
(commonly known as the ``Oklahoma Indian Welfare Act'').
(3) The Indian Land Consolidation Act (25 U.S.C. 2201 et
seq.).
(4) Regulations relating to the Secretary's authority to
acquire lands in trust for Indians and Indian tribes.
SEC. 409. TRANSMISSION OF POWER FROM INDIAN LANDS IN
OKLAHOMA.
To the extent the Southwestern Power Administration makes
transmission capacity available without replacing the present
capacity of existing users of the Administration's
transmission system, the Administrator of the Southwestern
Power Administration shall take such actions as may be
necessary, in accordance with all applicable Federal law, to
make the transmission services of the Administration
available for the transmission of electric power generated at
facilities located on land within the jurisdictional area of
any Oklahoma Indian tribe (as determined by the Secretary of
the Interior) recognized by the Secretary as eligible for
trust land status under 25 CFR Part 151. The owner or
operator of the generation facilities concerned shall
reimburse the Administrator for all costs of such actions in
accordance with standards applicable to payment of such costs
by other users of the Southwestern Power Administration
transmission system.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 411. EFFECTIVE DATE.
Except for section 409, the provisions of this Act shall
take effect on January 1, 2004.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from Oklahoma (Mr. Carson) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
General Leave
Mr. HANSEN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on this legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the version of this bill is slightly different than
reported out of the Committee on Resources. The revision to not change
the original intent of or policy behind the legislation could simply
make it cleaner. I commend the tribes and the administration for their
joint effort in completing an effective and viable piece of
legislation.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Oklahoma (Mr. Watkins), the principal sponsor of H.R. 2880, to
explain the bill.
Mr. WATKINS of Oklahoma. Mr. Speaker, I thank the gentleman for
yielding me time.
Mr. Speaker, before us today is H.R. 2880, a bill that would correct
several wrongs and have a significant impact on the members of the
Cherokee, Choctaw, Creek, Chickasaw, and Seminole Nations, these tribes
historically referred to as the Five Civilized Tribes who still own
individual and restricted lands in Eastern Oklahoma.
In the first three quarters of the 20th century, the U.S. Congress
enacted numerous laws dealing with the allotted lands of the five
nations previously mentioned. Collectively these special laws have
created an exceedingly complex system of Indian land tenure in Eastern
Oklahoma.
These laws, like no others applicable elsewhere in the United States,
have resulted in far less protection of individual Indian lands by
members of the five nations. Indian allotments elsewhere in the United
States are generally held in trust under the jurisdiction of the
Secretary of the Interior. The Secretary has the authority to probate,
determine there is individual trust land, and to petition trust
allotments. Perhaps most importantly, the legislation would prevent the
acquisition of individual Indian trust lands through adverse possession
for members of the Five Nations, a benefit currently provided to
individual trust lands in Western Oklahoma and elsewhere in the United
States.
H.R. 2880, Mr. Speaker, would only apply to the individual Indian
restricted allotments of the Five Nations. It would unify and organize
an extremely complex body of laws, many of which have never been
codified, and put them into a single accessible code. This bill would
transfer jurisdiction over the conveyance and probates and their
heirship determination to the Secretary of the Interior, create a
simplified process for administrative approval, maintain the rights of
individual Indians and, most importantly, protect the owners of
restricted interest.
This legislation would provide protection to the remaining restricted
Indian allotments in Eastern Oklahoma to the greatest extent feasible
and with the same level of protection afforded trust allotments in
Western Oklahoma and on all other reservations in the United States. In
fact, this legislation has been written so as to make the rules and
procedures applicable to the
[[Page H3409]]
administration of restricted lands as similar as possible to the
current system that is offered to tribes other than the Five Nations.
This was done to bring more uniformity to the entire system.
Nothing in H.R. 2880, the Five Nations Indian Land Reform Act, would
diminish the trust responsibility of the United States over restricted
lands. The Five Nations and other members of the Oklahoma delegations
have spent years working on this much-needed legislation, including my
colleague from the Second District of Oklahoma (Mr. Carson), who is
here today and who has also been a cosponsor of this legislation.
Mr. Speaker, I appreciate the support of all of my colleagues on this
legislation to correct these wrongs, and I really appreciate very much
the chairman for taking this bill up and allowing us to take it up
under suspension, the gentleman from Oklahoma (Mr. Carson), the
gentleman from Michigan (Mr. Kildee) and others for their tremendous
support, and I urge all of my colleagues to support this legislation.
Mr. CARSON of Oklahoma. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. CARSON of Oklahoma asked and was given permission to revise and
extend his remarks.)
Mr. CARSON of Oklahoma. Mr. Speaker, I would first like to thank the
gentleman from Utah (Mr. Hanson) and the gentleman from West Virginia
(Mr. Rahall) for working on the details of this bill and supporting it
and bringing it the floor, and also commend the gentleman from Oklahoma
(Mr. Watkins) for his heroic work over many years to finally see this
bill come to fruition.
The gentleman from Oklahoma (Mr. Watkins) and I currently represent
the majority of the citizens of what has historically been known as the
Five Civilized Tribes, which includes the Cherokee, Choctaw, Chickasaw,
Muscogee, Creek and Seminole Nations. Next session, after redistricting
is finalized, my new district will likely encompass all of Eastern
Oklahoma, which includes most of my current district and a large part
of the gentleman from Oklahoma's (Mr. Watkins) as well.
I rise in strong support of H.R. 2880, the Five Nations Citizens Land
Reform Act of 2001. This bill corrects an inequity that has long
existed in Federal law related to land tenure and land probate for the
Five Tribes. Simply put, this bill will bring clarity and equity to
restricted lands of the Five Tribes.
H.R. 2880 brings clarity by unifying into a single law what is
currently contained in numerous Federal laws, applicable to individual
Indian allotted lands of the Five Tribes and has created inequities,
obstacles and financial burdens for citizens of those tribes. Those
obstacles have resulted in the unnecessary loss of land owned by
individual Indians residing in Eastern Oklahoma.
H.R. 2880 will bring equity by giving restricted property the same
level and type of protection afforded the allotted lands of other
Federally recognized tribes nationwide. Currently the individual
allotments to citizens of the Five Tribes are afforded much less
protection to the land than to laws applicable to trust allotments of
other tribes.
In addition, the Five Tribes are the only tribes where jurisdiction
over probates and conveyances of their land is held by the State
district courts and not the Secretary of the Interior.
H.R. 2880 will correct this by allowing families to have estates
probated administratively by the Department of the Interior. This
legislation also protects the vested rights of individuals who have
acquired an interest in tracts of lands that include restricted
interests.
As a member of the Cherokee Nation, as an active member of the Native
American Caucus, and as an elected representative of a significant
percentage of citizens of the Five Civilized Tribes, I urge my
colleagues to support this legislation and help bring clarity and
equity to a land issue that has plagued Eastern Oklahoma and citizens
of the Five Tribes for far too long.
Mr. WATKINS of Oklahoma. Mr. Speaker, will the gentleman yield?
Mr. CARSON of Oklahoma. I yield to the gentleman from Oklahoma.
Mr. WATKINS of Oklahoma. Mr. Speaker, I would like to commend the
gentleman from Oklahoma (Mr. Carson) again for his tremendous work and
cooperation on this. And as a member of the Cherokee Tribe, I would
like to point out the two grandchildren I have sitting right behind me,
who are part of the Creek Nation and just as you are part of the Five
Civilized Tribes. I might say some people might wonder about that red
hair, but they are part Creek.
Mr. CARSON of Oklahoma. Mr. Speaker, let me thank the gentleman from
Oklahoma (Mr. Watkins) who has preceded me in Congress by some two
decades of his tremendous work in helping all of the Five Tribes,
including this piece of legislation today.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. Members are reminded not to refer to
children on the floor who are here as guests of Members of Congress.
Mr. CARSON of Oklahoma. Mr. Speaker, I yield such time as he may
consume to the gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I would like to express my strong support for H.R. 2880,
the Five Nations Citizens Reform Act and the Hansen substitute.
This legislation affects the restricted land allotments of citizens
of the Cherokee, Creek, Seminole, Choctaw and Chickasaw Nations in
Eastern Oklahoma. I want to thank the gentleman from Oklahoma (Mr.
Watkins) who arrived here in Congress with me a few years ago, the
gentleman from Oklahoma (Mr. Carson), the gentleman from Utah (Mr.
Hansen), the chairman of the Committee on Resources, and the ranking
member, the gentleman from West Virginia (Mr. Rahall) for their support
and their efforts to bring this bill to the floor today. I am proud to
be an original cosponsor of this bill.
Mr. Speaker, for more than 90 years the land allotment owners of the
Five Tribes have been the object of special laws applicable to only
their lands. These laws have afforded these lands much less protection
than is afforded the trust allotments elsewhere in the United States.
Under the current Federal law, the State courts of Oklahoma have
jurisdiction over probating, petitioning and transferring restricted
lands. This situation often places a great financial burden on Indian
families who must hire private attorneys to probate estates or transfer
interest in restricted land. For this reason, many estates in Eastern
Oklahoma that include restricted lands 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 land and effecting
other transactions involving allotted lands. This bill would do the
same for the restricted allotments of the Five Tribes, and in general
would give these allotments the same protection and treatments given
allotted Indian lands in the rest of the United States.
Mr. Speaker, I urge my colleagues to support this legislation and the
Hansen substitute.
Mr. CARSON of Oklahoma. Mr. Speaker, I yield such time as he may
consume to the gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, the purpose of this legislation is to
treat restricted Indian lands in Eastern Oklahoma similar to Indian
trust lands in other States. These lands are known as restricted as
they are subject to Federal restrictions against alienation.
{time} 1645
In addition, this legislation will move responsibility and
jurisdiction over probating, partitioning, leasing and transferring
these restricted lands from the State courts of Oklahoma to the
Secretary of the Interior. Again, this would treat restricted Indian
State courts of Oklahoma, lands in Oklahoma, similar to Indian trust
lands in other States.
This bill affects lands owned by members of the Cherokee, the Creek,
Muscogee, Seminole and Choctaw and the Chickasaw nations of eastern
Oklahoma, which are historically referred to as the Five Civilized
Tribes or Five Nations. Mr. Speaker, with all due respect, I want to
know who the idiot
[[Page H3410]]
was that coined this word ``civilized,'' because it implies these are
the only five civilized tribes in the United States. It seems to
suggest that the Nation of the Cheyenne or the Lakotas and others are
not civilized, maybe a little Westernized, but not to suggest that they
are not civilized.
Mr. Speaker, treaty agreements between the Five Tribes or the Five
Nations and the United States provided that land belonging to the
tribes be held in fee but restricted from alienation status. This
allowed the tribes to avoid the forced allotment of their lands under
the General Allotment Act of 1887. This act was intended to destroy
Indian reservations by breaking many into individual allotments,
thereby making it easier to remove land held by the Indians. Indeed,
the General Allotment Act, the wisdom of the Congress, resulted in the
removal of millions of acres of Indian land and the horrendous
fractionated ownership problems which exist even to this day.
Federal law enacted on June 14, 1918, subjects restricted Indian land
in Oklahoma to State statutes of limitation. What happened is this
permitted restricted lands to be taken by adverse possession, and
Indian trust lands elsewhere are protected from such action.
The STIGRA Act of 1947 provided district courts in eastern Oklahoma
jurisdiction, acting as Federal instrumentalities over transactions
involving individual restricted Indian lands. The jurisdiction conveyed
under the 1947 act included authority to approve conveyances; mineral
leases; partition property, voluntarily or involuntarily; probate
estates; and even determine heirs.
Mr. Speaker, these laws have resulted in the loss of individual title
to most of the original restricted lands. Most Indians die intestate.
For the Five Nations this leaves disposal of their property to the
discretion of the Oklahoma district courts. Indian heirs must hire
private attorneys to pursue probate, heirship determinations, and deed
approval for land conveyance.
As a consequence, thousands of acres of restricted lands have not
been probated. Additional lands are lost when non-Indian neighbors
encroach on restricted Indian lands for the duration of the State
statute of limitation and go to district court and claim title, and the
Indian owner often is unaware of the implication of State adverse
possession laws and is financially unable to fight it even in court.
Mr. Speaker, I want to commend the gentleman from Oklahoma (Mr.
Watkins) for his sponsorship of this legislation; and I also want to
commend the gentleman from Oklahoma (Mr. Carson), and a member of the
Cherokee Nation, for his strong support of this bill.
Mr. Speaker, this bill would not be here on the House floor if it did
not have the support and endorsement of our chairman of our Committee
on Resources, the gentleman from Utah (Mr. Hansen), and our senior
ranking member, the gentleman from West Virginia (Mr. Rahall).
Mr. Speaker, this is a good bill, and I urge my colleagues to support
this legislation. I want to thank our Democratic staff, Ms. Marie
Howard, for the outstanding work she has done in the preparation of
notes and memoranda for the Members to better understand the provision
of this bill.
I urge my colleagues to support this bill.
Mr. CARSON of Oklahoma. Mr. Speaker, I have no further speakers at
this time, and I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, let me commend the gentleman from Oklahoma
for the excellent work he has done on this, and I yield back the
balance of my time.
The SPEAKER pro tempore (Mr. Dan Miller of Florida). The question is
on the motion offered by the gentleman from Utah (Mr. Hansen) that the
House suspend the rules and pass the bill, H.R. 2880, 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.
The title of the bill was amended so as to read: ``A bill to amend
laws relating to the lands of the enrollees and lineal descendants of
enrollees whose names appear on the final Indian rolls of the Muscogee
(Creek), Seminole, Cherokee, Chickasaw, and Choctaw Nations
(historically referred to as the Five Civilized Tribes), and for other
purposes.''.
A motion to reconsider was laid on the table.
____________________