[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.

                          ____________________