[Congressional Record Volume 149, Number 36 (Thursday, March 6, 2003)]
[Senate]
[Pages S3269-S3275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself, Mr. Inouye, and Mr. Thomas):
  S. 550. A bill to amend the Indian Land Consolidation Act to improve 
provisions relating to probate of trust and restricted land, and for 
other purposes; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, I am pleased to be joined by Senators 
Inouye and Thomas in introducing key legislation to help stop Indian 
land fractionation.

[[Page S3270]]

  One of the most enduring and damaging legacies of late-19th century 
Federal Indian policy is the continuing fractionation of Indian trust 
lands.
  The results of this ever-growing problem make it nearly impossible 
for affected Indian tribes to devise economic development strategies.
  By attempting to ``break up the tribal landmass'' and turning Indians 
into yeoman farmers, the Dawes Act of 1887 resulted in millions of 
acres of land transferred out of Indian ownership.
  By virtue of Indian heirship and probate rules and the steady march 
of time, millions more acres have passed from their original Indian 
allottees to thousands of descendants with undivided interests in 
parcels of land.
  In strict economic terms, these interests are practically worthless.
  Congressional efforts to counter this problem have focused on the 
Indian Land Consolidation Act and amendments made to the Act.
  Key escheat sections designed to return individual-owned fractionated 
lands to tribal ownership have been held unconstitutional by the U.S. 
Supreme Court in 1987, Hodel v. Irving, and in 1997, Babbitt v. Youpee.
  Congress and the Administration have also sought to return these 
interests to tribal ownership through voluntary purchase.
  The ``Indian Land Consolidation Program'' was enacted as part of the 
Fiscal Year 1999 Omnibus Appropriation and has proven a success.
  In 1999 I introduced amendments to the ILCA to limit disposition of 
Indian lands to Indian heirs, life estates to non-Indian heirs, or the 
tribe with jurisdiction over the lands.
  The bill I am re-introducing today was considered by the Committee on 
Indian Affairs and passed by the Senate last session. In light of this, 
it is my intention to expedite consideration of the measure.
  I urge my colleagues to join me in supporting this important bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 550

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Indian Probate 
     Reform Act of 2003''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Act of February 8, 1887 (commonly known as the 
     ``Indian General Allotment Act'') (25 U.S.C. 331 et seq.), 
     which authorized the allotment of Indian reservations, did 
     not permit Indian allotment owners to provide for the 
     testamentary disposition of the land that was allotted to 
     them;
       (2) that Act provided that allotments would descend 
     according to State law of intestate succession based on the 
     location of the allotment;
       (3) the reliance of the Federal Government on the State law 
     of intestate succession with respect to the descent of 
     allotments has resulted in numerous problems affecting Indian 
     tribes, members of Indian tribes, and the Federal Government, 
     including--
       (A) the increasingly fractionated ownership of trust and 
     restricted land as that land is inherited by successive 
     generations of owners as tenants in common;
       (B) the application of different rules of intestate 
     succession to each interest of a decedent in or to trust or 
     restricted land if that land is located within the boundaries 
     of more than 1 State, which application--
       (i) makes probate planning unnecessarily difficult; and
       (ii) impedes efforts to provide probate planning assistance 
     or advice;
       (C) the absence of a uniform general probate code for trust 
     and restricted land, which makes it difficult for Indian 
     tribes to work cooperatively to develop tribal probate codes; 
     and
       (D) the failure of Federal law to address or provide for 
     many of the essential elements of general probate law, either 
     directly or by reference, which--
       (i) is unfair to the owners of trust and restricted land 
     (and heirs and devisees of owners); and
       (ii) makes probate planning more difficult; and
       (4) a uniform Federal probate code would likely--
       (A) reduce the number of fractionated interests in trust or 
     restricted land;
       (B) facilitate efforts to provide probate planning 
     assistance and advice;
       (C) facilitate intertribal efforts to produce tribal 
     probate codes in accordance with section 206 of the Indian 
     Land Consolidation Act (25 U.S.C. 2205); and
       (D) provide essential elements of general probate law that 
     are not applicable on the date of enactment of this Act to 
     interests in trust or restricted land.

     SEC. 3. INDIAN PROBATE REFORM.

       (a) Testamentary Disposition.--Section 207 of the Indian 
     Land Consolidation Act (25 U.S.C. 2206) is amended by 
     striking subsection (a) and inserting the following:
       ``(a) Testamentary Disposition.--
       ``(1) General devise of an interest in trust or restricted 
     land.--
       ``(A) In general.--Subject to any applicable Federal law 
     relating to the devise or descent of trust or restricted 
     land, or a tribal probate code enacted in accordance with 
     section 206, the owner of an interest in trust or restricted 
     land may devise such an interest to--
       ``(i) an Indian tribe with jurisdiction over the land; or
       ``(ii) any Indian in trust or restricted status (or as a 
     passive trust interest as provided for in section 207A).
       ``(B) Status.--The devise of an interest in trust or 
     restricted land to an Indian under subparagraph (A)(ii) shall 
     not alter the status of such an interest as a trust or 
     restricted interest unless the testator provides that the 
     interest is to be held as a passive trust interest.
       ``(2) Devise of trust or restricted land in passive trust 
     or fee.--
       ``(A) In general.--Except as provided under any applicable 
     Federal law, any interest in trust or restricted land that is 
     not devised in accordance with paragraph (1) may be devised 
     only--
       ``(i) as a life estate to any non-Indian person, with the 
     remainder being devised only in accordance with clause (ii), 
     subparagraph (C), or paragraph (1)(A);
       ``(ii) to the lineal descendant or heir of the first or 
     second degree of the testator or, if the testator does not 
     have an heir of the first or second degree or a lineal 
     descendant, to any lineal descendant of an Indian grandparent 
     of the testator, as a passive trust interest (referred to in 
     this section as an `eligible passive trust devisee'); or
       ``(iii) in fee in accordance with subparagraph (C).
       ``(B) Presumed devise of passive trust interest.--Any 
     devise to an eligible passive trust devisee, or any devise of 
     a remainder interest from the devise of a life estate under 
     subparagraph (A)(ii), that does not indicate whether the 
     interest is devised as a passive trust interest or a fee 
     interest shall be considered to devise a passive trust 
     interest.
       ``(C) Devise of a fee interest.--Subject to subparagraph 
     (D), any interest in trust or restricted land that is not 
     devised in accordance with paragraph (1), or devised to an 
     eligible passive trust devisee in accordance with 
     subparagraph (A), may be devised to a non-Indian in fee.
       ``(D) Limitation.--Any interest in trust or restricted land 
     that is subject to section 4 of the Act of June 18, 1934 (25 
     U.S.C. 464), may be devised only in accordance with--
       ``(i) that section;
       ``(ii) subparagraph (A); or
       ``(iii) paragraph (1).
       ``(3) Devise of a passive trust interest.--
       ``(A) In general.--The holder of an interest in trust or 
     restricted land that is held as a passive trust interest may 
     devise the interest as a passive trust interest only to--
       ``(i)(I) any Indian; or
       ``(II) the Indian tribe that exercises jurisdiction over 
     the interest;
       ``(ii) the lineal descendants, or heirs of the first or 
     second degree, of the holder;
       ``(iii) any living descendant of the decedent from whom the 
     holder acquired the interest by devise or descent; or
       ``(iv) any person that owns a preexisting interest or a 
     passive trust interest in the same parcel of land, if the 
     preexisting interest is held in trust or restricted status or 
     in passive trust status.
       ``(B) Ineligible devisees and intestate succession.--A 
     passive trust interest that is devised to a person that is 
     not eligible under subparagraph (A) or that is not disposed 
     of by a valid will shall pass in accordance with the 
     applicable law of intestate succession as provided for in 
     subsection (b).''.
       (b) Nontestamentary Disposition.--Section 207 of the Indian 
     Land Consolidation Act (25 U.S.C. 2206) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Nontestamentary Disposition.--
       ``(1) Rules of descent.--Subject to any applicable Federal 
     law relating to the devise or descent of trust or restricted 
     property, any interest in trust or restricted land that is 
     not disposed of by a valid will--
       ``(A) shall descend according to a tribal probate code that 
     is approved in accordance with section 206; or
       ``(B) in the case of an interest in trust or restricted 
     land to which such a code does not apply, shall descend in 
     accordance with--
       ``(i) paragraphs (2) through (7);
       ``(ii) section 207A; and
       ``(iii) other applicable Federal law.
       ``(2) No applicable code.--An intestate interest to which a 
     code described in paragraph (1) does not apply--
       ``(A) shall include--
       ``(i) an interest acquired by a decedent through devise or 
     inheritance (referred to in this subsection as a `devise or 
     inheritance interest'); or
       ``(ii) an interest acquired by a decedent by any means 
     other than devise or inheritance (referred to in this 
     subsection as an `acquired interest'), if--

       ``(I) the decedent--

       ``(aa) acquired additional undivided interest in the same 
     parcel in which the interest

[[Page S3271]]

     is held, by a means other than devise or inheritance; or
       ``(bb) acquired land adjoining the parcel of land in which 
     the interest is held; or

       ``(II) the parcel of land in which the interest is held 
     includes the residence of the spouse of the decedent; and

       ``(B) shall descend as follows:
       ``(i) Surviving indian spouse.--

       ``(I) In general.--If a decedent is survived by an Indian 
     spouse, and the estate of the decedent includes 1 or more 
     acquired interests, the spouse of the decedent shall receive 
     all of the acquired interests.
       ``(II) Devise or inheritance interests.--If a decedent is 
     survived by an Indian spouse, and the estate of the decedent 
     includes 1 or more devise or inheritance interests--

       ``(aa) if the decedent is not survived by an Indian heir of 
     the first or second degree, the spouse of the decedent shall 
     receive all of the devise or inheritance interests; and
       ``(bb) if the decedent is survived by an Indian heir of the 
     first or second degree, the devise or inheritance interest of 
     the decedent shall descend in accordance with paragraph 
     (3)(A).
       ``(ii) Surviving non-indian spouse.--

       ``(I) In general.--If a decedent is survived by a non-
     Indian spouse, and the estate of the decedent includes 1 or 
     more acquired interests--

       ``(aa) the spouse of the decedent shall receive a life 
     estate in each acquired interest; and
       ``(aa)(AA) if the decedent is survived by an Indian heir of 
     the first or second degree, the remainder interests shall 
     descend in accordance with paragraph (3)(A); and
       ``(BB) if the decedent is not survived by an Indian heir of 
     the first or second degree, the remainder interest shall 
     descend in accordance with paragraph (3)(C).

       ``(II) Devise or inheritance interests.--If the estate of a 
     decedent described in subclause (I) includes 1 or more devise 
     or inheritance interests--

       ``(aa) if the decedent is survived by an Indian heir of the 
     first or second degree, the devise or inheritance interests 
     shall descend in accordance with paragraph (3)(A); and
       ``(bb) if the decedent is not survived by an Indian heir of 
     the first or second degree, the devise or inheritance 
     interests shall descend in accordance with paragraph (3)(C).
       ``(iii) No surviving spouse.--If a decedent is not survived 
     by a spouse, and the estate of the decedent includes 1 or 
     more acquired interests or 1 or more devise or inheritance 
     interests--

       ``(I) if the decedent is survived by an Indian heir of the 
     first or second degree, the acquired interests or devise or 
     inheritance interests shall descend in accordance with 
     paragraph (3)(A); and
       ``(II) if the decedent is not survived by an Indian heir of 
     the first or second degree, the acquired interests or devise 
     or inheritance interests shall descend in accordance with 
     paragraph (3)(C).

       ``(3) Rules governing descent of estate.--
       ``(A) Indian heirs.--For the purpose of this section, an 
     Indian heir of the first or second degree shall inherit in 
     the following order:
       ``(i) To the Indian children of the decedent (or if 1 or 
     more of those Indian children do not survive the decedent, 
     the Indian children of the deceased child of the decedent, by 
     right of representation) shall inherit in equal shares.
       ``(ii) If the decedent has no Indian children (or 
     grandchildren that inherit by right of representation under 
     clause (i)), to the Indian brothers and sisters of the 
     decedent, in equal shares.
       ``(iii) If the decedent has no Indian brothers or sisters, 
     to the Indian parent or parents of the decedent.
       ``(B) Right of representation.--In any case involving the 
     determination of a right of representation--
       ``(i) each interest in trust land shall be equally divided 
     into a number of shares that equals the sum obtained by 
     adding--

       ``(I) the number of surviving heirs in the nearest degree 
     of kinship; and
       ``(II) the number of deceased individuals in that same 
     degree, if any, who left issue who survive the decedent;

       ``(ii) each surviving heir described in clause (i)(I) shall 
     receive 1 share; and
       ``(iii)(I) each deceased individual described in clause 
     (i)(II) shall receive 1 share; and
       ``(II) that share shall be divided equally among the 
     surviving issue of the deceased person.
       ``(C) No indian heirs.--
       ``(i) Definition of collateral heir.--In this subparagraph, 
     the term `collateral heir' means an aunt, uncle, niece, 
     nephew, or first cousin of a decedent.
       ``(ii) No heirs.--If a decedent does not have an Indian 
     heir of the first or second degree, an interest shall descend 
     to any Indian collateral heir who is a co-owner of an 
     interest owned by the decedent.
       ``(iii) Multiple collateral heirs.--If--

       ``(I) an Indian collateral heir owns an interest to which 
     clause (ii) applies that is larger than the interest held by 
     any other such collateral heir, the interest shall descend to 
     the collateral heir that owns the largest undivided interest 
     in the parcel; or
       ``(II) 2 or more collateral heirs own equal shares in an 
     interest to which clause (ii) applies, the interest shall be 
     divided equally among those collateral heirs.

       ``(iv) No ownership.--If none of the Indian collateral 
     heirs of a decedent owns an interest to which clause (ii) 
     applies, subject to clause (v), the interest shall descend to 
     the Indian tribe that exercises jurisdiction over the parcel 
     of trust or restricted land involved.
       ``(v) Acquisition of interest.--

       ``(I) In general.--Notwithstanding clause (iv), an Indian 
     co-owner of a parcel of trust or restricted land may acquire 
     an interest that would otherwise descend under that clause by 
     paying into the estate of the decedent, before the close of 
     the probate of the estate, the fair market value of the 
     interest in or to the land.
       ``(II) Multiple co-owners.--If more than 1 Indian co-owner 
     (including the Indian tribe referred to in clause (iv)) 
     offers to pay for an interest described in subclause (I), the 
     highest bidder shall acquire the interest.

       ``(4) Special rule relating to survival.--In the case of 
     intestate succession under this section, if an individual who 
     fails to survive a decedent by at least 120 hours, as 
     established by clear and convincing evidence--
       ``(A) the individual shall be deemed to have predeceased 
     the decedent for the purpose of intestate succession; and
       ``(B) the heirs of the decedent shall be determined in 
     accordance with this section.
       ``(5) Pretermitted spouses and children.--
       ``(A) Spouses.--
       ``(i) In general.--Except as provided in clause (ii), if 
     the surviving spouse of a testator married the testator after 
     the testator executed the will of the testator, the surviving 
     spouse shall receive the intestate share in trust or 
     restricted land that the spouse would have received if the 
     testator had died intestate.
       ``(ii) Exception.--Clause (i) shall not apply to an 
     interest in trust or restricted land in a case in which--

       ``(I) the will of a testator is executed before the date of 
     enactment of this subparagraph;
       ``(II)(aa) the spouse of a testator is a non-Indian; and
       ``(bb) the testator devised the interests in trust or 
     restricted land of the testator to 1 or more Indians;
       ``(III) it appears, based on an examination of the will or 
     other evidence, that the will was made in contemplation of 
     the marriage of the testator to the surviving spouse;
       ``(IV) the will expresses the intention that the will is to 
     be effective notwithstanding any subsequent marriage; or
       ``(V)(aa) the testator provided for the spouse by a 
     transfer of funds or property outside the will; and
       ``(bb) an intent that the transfer be in lieu of a 
     testamentary provision is demonstrated by statements of the 
     testator or through a reasonable inference based on the 
     amount of the transfer or other evidence.

       ``(B) Children.--
       ``(i) In general.--If a testator executed the will of the 
     testator before the birth or adoption of 1 or more children 
     of the testator, and the omission of the children from the 
     will is a product of inadvertence rather than an intentional 
     omission, the children shall share in the intestate interests 
     of the decedent in trust or restricted land as if the 
     decedent had died intestate.
       ``(ii) Adopted heirs.--Any person recognized as an heir by 
     virtue of adoption under the Act of July 8, 1940 (25 U.S.C. 
     372a), shall be treated as the child of a decedent under this 
     subsection.
       ``(6) Divorce.--
       ``(A) Surviving spouse.--
       ``(i) In general.--An individual who is divorced from a 
     decedent, or whose marriage to the decedent has been 
     annulled, shall not be considered to be a surviving spouse 
     unless, by virtue of a subsequent marriage, the individual is 
     married to the decedent at the time of death of the decedent.
       ``(ii) Separation.--A decree of separation that does not 
     dissolve a marriage, and terminate the status of husband and 
     wife, shall not be considered a divorce for the purpose of 
     this subsection.
       ``(iii) No effect on adjudications.--Nothing in clause (i) 
     prevents an entity responsible for adjudicating an interest 
     in trust or restricted land from giving effect to a property 
     right settlement if 1 of the parties to the settlement dies 
     before the issuance of a final decree dissolving the marriage 
     of the parties to the property settlement.
       ``(B) Effect of subsequent divorce on a will or devise.--
       ``(i) In general.--If, after executing a will, a testator 
     is divorced or the marriage of the testator is annulled, on 
     the effective date of the divorce or annulment, any 
     disposition of interests in trust or restricted land made by 
     the will to the former spouse of the testator shall be 
     considered to be revoked unless the will expressly provides 
     otherwise.
       ``(ii) Property.--Property that is prevented from passing 
     to a former spouse of a decedent under clause (i) shall pass 
     as if the former spouse failed to survive the decedent.
       ``(iii) Provisions of wills.--Any provision of a will that 
     is considered to be revoked solely by operation of this 
     subparagraph shall be revived by the remarriage of a testator 
     to the former spouse of the testator.
       ``(7) Notice.--
       ``(A) In general.--To the maximum extent practicable, the 
     Secretary shall notify each owner of trust and restricted 
     land of the provisions of this Act.
       ``(B) Combined notices.--The notice under subparagraph (A) 
     may, at the discretion of the Secretary, be provided with the 
     notice required under section 207(g).''.

[[Page S3272]]

       (c) Rule of Construction.--Section 207 of the Indian Land 
     Consolidation Act (25 U.S.C. 2206) is amended by adding at 
     the end the following:
       ``(h) Applicable Federal Law.--
       ``(1) In general.--For purpose of subsections (a) and (b), 
     any reference to applicable Federal law includes--
       ``(A) Public Law 91-627 (84 Stat. 1874);
       ``(B) Public Law 92-377 (86 Stat. 530);
       ``(C) Public Law 92-443 (86 Stat. 744);
       ``(D) Public Law 96-274 (94 Stat. 537); and
       ``(E) Public Law 98-513 (98 Stat. 2411).
       ``(2) No effect on laws.--Nothing in this section amends or 
     otherwise affects any law described in paragraph (1), or any 
     other Federal law, that provides for the devise and descent 
     of any trust or restricted land located on a specific Indian 
     reservation.''.
       (d) Passive Trust Interest Status for Trust or Restricted 
     Land.--The Indian Land Consolidation Act is amended by 
     inserting after section 207 (25 U.S.C. 2206) the following:

     ``SEC. 207A. PASSIVE TRUST INTEREST STATUS FOR TRUST OR 
                   RESTRICTED LAND.

       ``(a) Passive Trust Interest Status.--
       ``(1) In general.--The owner of an interest in trust or 
     restricted land may submit to the Secretary an application 
     requesting that the interest be held in passive trust 
     interest status.
       ``(2) Authority.--An application under paragraph (1) may 
     authorize the Secretary to amend any existing lease or 
     agreement with respect to the interest that is the subject of 
     the application.
       ``(b) Approval.--On the approval of an application by the 
     Secretary under subsection (a), an interest in trust or 
     restricted land covered by the application shall be held as a 
     passive trust interest in accordance with this section.
       ``(c) Requirements.--Except as provided in this section, an 
     interest in trust or restricted land that is held as a 
     passive trust interest under this section--
       ``(1) shall continue to be covered under any applicable 
     tax-exempt status, and continue to be subject to any 
     restrictions on alienation, until the interest is patented in 
     fee;
       ``(2) may, without the approval of the Secretary, be--
       ``(A) leased for a period of not to exceed 25 years;
       ``(B) mortgaged in accordance with the Act of March 29, 
     1956 (25 U.S.C. 483a); or
       ``(C) sold or conveyed to--
       ``(i) an Indian;
       ``(ii) the Indian tribe that exercises jurisdiction over 
     the interest; or
       ``(iii) a co-owner of an interest in the parcel of land in 
     which the interest is held, if the co-owner owns a pre-
     existing trust, restricted interest, or a passive trust 
     interest in the parcel; and
       ``(3) may be subject to an ordinance or resolution enacted 
     under subsection (d).
       ``(d) Ordinance or Resolution for Removal of Status.--
       ``(1) In general.--The governing body of the Indian tribe 
     that exercises jurisdiction over an interest in trust or 
     restricted land that is held as a passive trust interest in 
     accordance with this section may enact an ordinance or 
     resolution to permit the owner of the interest to apply to 
     the Secretary for the removal of the trust or restricted 
     status of any portion of the land that is subject to the 
     jurisdiction of the Indian tribe.
       ``(2) Review by secretary.--The Secretary shall review, and 
     may approve, an ordinance or resolution enacted by an Indian 
     tribe in accordance with paragraph (1) if the Secretary 
     determines that the ordinance or resolution--
       ``(A) is consistent with this Act; and
       ``(B) would not increase fractionated ownership of Indian 
     land.
       ``(e) Revenues or Royalties.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall not be responsible for the collection of or 
     accounting for any lease revenues or royalties accruing to an 
     interest held as a passive trust interest by any person under 
     this section.
       ``(2) Exception.--Paragraph (1) shall not apply to an 
     interest described in that paragraph if the Secretary 
     approves an application to take the interest into active 
     trust status on behalf of an Indian or an Indian tribe in 
     accordance with regulations promulgated by the Secretary.
       ``(3) Authority of secretary.--Nothing in this subsection 
     alters any authority or responsibility of the Secretary with 
     respect to an interest in trust or restricted land held in 
     active trust status (including an undivided interest included 
     in the same parcel of land as an undivided passive trust 
     interest).
       ``(f) Jurisdiction Over Passive Trust Interest.--With 
     respect to an interest in trust or restricted land that is 
     devised or held as a passive trust interest under this 
     section--
       ``(1) an Indian tribe that exercises jurisdiction over such 
     an interest shall continue to exercise jurisdiction over the 
     land that is held as a passive trust interest; and
       ``(2) any person holding, leasing, or otherwise using the 
     land shall be considered to consent to the jurisdiction of 
     the Indian tribe with respect to the use of the land 
     (including any effects associated with any use of the land).
       ``(g) Probate of Passive Trust Interests.--
       ``(1) In general.--An interest in trust or restricted land 
     that is held as a passive trust interest under this section 
     shall be subject to--
       ``(A) probate by the Secretary in accordance with this Act; 
     and
       ``(B) all other laws applicable to the probate of trust or 
     restricted land.
       ``(2) Commencement of probate.--Any interested party may 
     file an application to commence the probate of an interest in 
     trust or restricted land held as a passive trust interest.
       ``(h) Regulations.--The Secretary shall promulgate such 
     regulations as are necessary to carry out this section.''.

     SEC. 4. PARTITION OF INDIAN LAND.

       Section 205 of the Indian Land Consolidation Act (25 U.S.C. 
     2204) is amended by adding at the end the following:
       ``(c) Partition.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible indian tribe.--The term `eligible Indian 
     tribe' means an Indian tribe that--
       ``(i) owns eligible land; and
       ``(ii) consents to partition of the eligible land.
       ``(B) Eligible land.--The term `eligible land' means an 
     undivided parcel of land that--
       ``(i) is located within the reservation of an Indian tribe; 
     or
       ``(ii) is otherwise under the jurisdiction of an Indian 
     tribe.
       ``(2) Requirements.--Notwithstanding any other provision of 
     law, in accordance with this subsection and subject to 
     paragraphs (3), (4), and (5)--
       ``(A) an eligible Indian tribe may apply to the Secretary 
     for the partition of a parcel of eligible land; and
       ``(B) the Secretary may commence a process for partitioning 
     the eligible land under this subsection if--
       ``(i) the eligible Indian tribe meets the applicable 
     ownership requirement under subparagraph (A) or (B) of 
     paragraph (3); or
       ``(ii) the Secretary determines that it is reasonable to 
     believe that the partition of the eligible land owned would 
     be in accordance with paragraph (3)(C).
       ``(3) Tribal ownership.--A parcel of eligible land may be 
     partitioned under this subsection if, with respect to the 
     eligible Indian tribe involved--
       ``(A) the eligible Indian tribe owns 50 percent or more of 
     the undivided interest in the parcel;
       ``(B) the eligible Indian tribe is the owner of the largest 
     quantity of undivided interest in the parcel; or
       ``(C) the owners of undivided interests equal to at least 
     50 percent of the undivided interest in the parcel (including 
     any undivided interest owned by the eligible Indian tribe) 
     consent or do not object to the partition.
       ``(4) Tribal consent.--A parcel of land that is located 
     within the reservation of an Indian tribe or otherwise under 
     the jurisdiction of an Indian tribe shall be partitioned 
     under this subsection only if the Indian tribe does not 
     object to the partition.
       ``(5) Applicability.--This subsection shall not apply to 
     any parcel of land that is the bona fide residence of any 
     person unless the person consents to the partition in 
     writing.
       ``(6) Partition in kind.--
       ``(A) In general.--The Secretary shall commence the 
     partition process described in subparagraph (B) if--
       ``(i) an eligible Indian tribe applies to partition 
     eligible land under this paragraph; and
       ``(ii)(I) the Secretary determines that the eligible Indian 
     tribe meets the applicable ownership requirements of 
     subparagraph (A) or (B) of paragraph (3); or
       ``(II) the Secretary determines that it is reasonable to 
     believe that the partition would be in accordance with 
     paragraph (3)(C).
       ``(B) Partition Process.--In carrying out any partition 
     under this paragraph, the Secretary shall--
       ``(i) provide, to each owner of any undivided interest in 
     eligible land to be partitioned, through publication or other 
     appropriate means, notice of the proposed partition;
       ``(ii) make available to any interested party a copy of any 
     proposed partition plan submitted by an eligible Indian tribe 
     or proposed by the Secretary; and
       ``(iii) review--

       ``(I) any proposed partition plan submitted by any owner of 
     an undivided interest in the eligible land; and
       ``(II) any comments or objections concerning a partition, 
     or any proposed plan of partition, submitted by any owner or 
     any other interested party.

       ``(C) Determination not to partition.--If the Secretary 
     determines that a parcel of eligible land cannot be 
     partitioned in a manner that is fair and equitable to the 
     owners of the eligible land, the Secretary shall inform each 
     owner of the eligible land of--
       ``(i) the determination of the Secretary; and
       ``(ii) the right of the owner to appeal the determination.
       ``(D) Partition with consent of eligible indian tribe.--If 
     the Secretary determines that a parcel of eligible land may 
     be partitioned in a manner that is fair and equitable to the 
     owners of the eligible land, and the applicable eligible 
     Indian tribe meets the applicable ownership requirements 
     under subparagraph (A) or (B) of paragraph (3), the Secretary 
     shall--
       ``(i) approve a plan of partition;
       ``(ii) provide notice to the owners of the eligible land of 
     the determination of the Secretary;
       ``(iii) make a copy of the plan of partition available to 
     each owner of the eligible land; and

[[Page S3273]]

       ``(iv) inform each owner of the right to appeal the 
     determination of the Secretary to partition the eligible land 
     in accordance with the plan.
       ``(E) Partition with consent; implied consent.--If the 
     Secretary determines that a parcel of eligible land may be 
     partitioned in a manner that is fair and equitable to the 
     owners of the eligible land, but the eligible Indian tribe 
     involved does not meet the applicable ownership requirements 
     under subparagraph (A) or (B) of paragraph (3), the Secretary 
     shall--
       ``(i)(I) make a plan of partition available to the owners 
     of the parcel; and
       ``(II) inform the owners that the eligible land will be 
     partitioned in accordance with the plan if the owners of 50 
     percent or more of undivided ownership interest in the 
     eligible land--

       ``(aa) consent to the partition; or
       ``(bb) do not object to the partition by such date as may 
     be established by the Secretary; and

       ``(ii)(I) if the owners of 50 percent or more of undivided 
     ownership interest in the eligible land consent to the 
     partition or do not object by a date established by the 
     Secretary under clause (i)(II)(bb), inform the owners of the 
     eligible land that--
       ``(aa) the plan for partition is final; and
       ``(bb) the owners have the right to appeal the 
     determination of the Secretary to partition the eligible 
     land; or
       ``(II) if the owners of 50 percent or more of the undivided 
     ownership interest in the eligible land object to the 
     partition, inform the eligible Indian tribe of the objection.
       ``(F) Successive partition plans.--In carrying out 
     subparagraph (E) in accordance with paragraph (3)(C), the 
     Secretary may, in accordance with subparagraph (E)--
       ``(i) approve 1 or more successive plans of partition; and
       ``(ii) make those plans available to the owners of the 
     eligible land to be partitioned.
       ``(G) Plan of partition.--A plan of partition approved by 
     the Secretary in accordance with subparagraph (D) or (E)--
       ``(i) may determine that 1 or more of the undivided 
     interests in a parcel of eligible land are not susceptible to 
     a partition in kind;
       ``(ii) may provide for the sale or exchange of those 
     undivided interests to--

       ``(I) 1 or more of the owners of undivided interests in the 
     eligible land; or
       ``(II) the Secretary in accordance with section 213; and

       ``(iii) shall provide that the sale of any undivided 
     interest referred to in clause (ii) shall be for not less 
     than the fair market value of the interest.
       ``(7) Partition by sale.--
       ``(A) In general.--The Secretary shall commence the 
     partition process described in subparagraph (B) if--
       ``(i) an eligible Indian tribe applies to partition a 
     parcel of eligible land under this subsection; and
       ``(ii)(I) the Secretary determines that the Indian tribe 
     meets the applicable ownership requirements of subparagraph 
     (A) or (B) of paragraph (3); or
       ``(II) the Secretary determines that it is reasonable to 
     believe that the partition would be in accordance with 
     paragraph (3)(C).
       ``(B) Partition process.--In carrying out any partition of 
     eligible land under this paragraph, the Secretary--
       ``(i) shall conduct a preliminary appraisal of the eligible 
     land;
       ``(ii) shall provide to the owners of the eligible land, 
     through publication or other appropriate means--

       ``(I) notice of the application of the eligible Indian 
     tribe to partition the eligible land; and
       ``(II) access to the preliminary appraisal conducted in 
     accordance with clause (i);

       ``(iii) shall inform each owner of the eligible land of the 
     right to submit to the Secretary comments relating to the 
     preliminary appraisal;
       ``(iv) may, based on comments received under clause (iii), 
     modify the preliminary appraisal or provide for the conduct 
     of a new appraisal; and
       ``(v) shall--

       ``(I) issue a final appraisal for the eligible land;
       ``(II) provide to the owners of the eligible land and the 
     appropriate Indian tribes access to the final appraisal; and
       ``(III) inform the Indian tribes of the right to appeal the 
     final appraisal.

       ``(C) Purchase by eligible indian tribe.--If an eligible 
     Indian tribe enters into an agreement with the Secretary to 
     pay fair market value for eligible land partitioned under 
     this subsection, as determined by the final appraisal of the 
     eligible land issued under subparagraph (B)(v)(I) (including 
     any appraisal issued by the Secretary after an appeal by the 
     Indian tribe under subparagraph (B)(v)(III)), and the 
     eligible Indian tribe meets the applicable ownership 
     requirements of subparagraph (A) or (B) of paragraph (3), the 
     Secretary shall--
       ``(i) provide to each owner of the eligible land notice of 
     the agreement; and
       ``(ii) inform the owners of the right to appeal the 
     decision of the Secretary to enter into the agreement 
     (including the right to appeal any final appraisal of the 
     parcel referred to in subparagraph (B)(v)(III)).
       ``(D) Partition with consent; implied consent.--
       ``(i) In general.--If an eligible Indian tribe agrees to 
     pay fair market value for eligible land partitioned under 
     this subsection, as determined by the final appraisal of the 
     eligible land issued under subparagraph (B)(v)(I) (including 
     any appraisal issued by the Secretary after an appeal by the 
     Indian tribe under subparagraph (B)(v)(III)), but does not 
     meet the applicable ownership requirements of subparagraph 
     (A) or (B) of paragraph (3), the Secretary shall--

       ``(I) provide to each owner of the undivided interest in 
     the eligible land notice that the Indian tribe did not meet 
     the requirements; and
       ``(II) inform the owners that the eligible land will be 
     partitioned by sale unless the partition is opposed by the 
     owners of 50 percent or more of the undivided ownership 
     interest in the eligible land.

       ``(ii) Failure to object to partition.--If the owners of 50 
     percent or more of undivided ownership interest in or to a 
     parcel of eligible land consent to the partition of the 
     eligible land, or do not object to the partition by such date 
     as may be established by the Secretary, the Secretary shall 
     inform the owners of the eligible land of the right to appeal 
     the determination of the Secretary to partition the eligible 
     land (including the results of the final appraisal issued 
     under subparagraph (B)(v)(I)).
       ``(iii) Objection to partition.--If the owners of 50 
     percent or more of the undivided ownership interest in a 
     parcel of eligible land object to the partition of the 
     eligible land--

       ``(I) the Secretary shall notify the eligible Indian tribe 
     of the objection; and
       ``(II) the eligible Indian tribe and the Secretary may 
     agree to increase the amount offered to purchase the 
     undivided ownership interests in the eligible land.

       ``(8) Enforcement.--
       ``(A) In general.--If, with respect to a parcel of eligible 
     land, a partition in kind is approved under subparagraph (D) 
     or (E) of paragraph (6), or a partition by sale is approved 
     under paragraph (7)(C), and the owner of an interest in or to 
     the eligible land fails to convey the interest to the Indian 
     tribe, the Indian tribe or the United States may--
       ``(i) bring a civil action in the United States district 
     court for the district in which the eligible land is located; 
     and
       ``(ii) request the court to issue an appropriate order for 
     the partition in kind, or partition by sale to the Indian 
     tribe, of the eligible land.
       ``(B) Federal role.--With respect to any civil action 
     brought under subparagraph (A)--
       ``(i) the United States--

       ``(I) shall receive notice of the civil action; and
       ``(II) may be a party to the civil action; and

       ``(ii) the civil action shall not be dismissed, and no 
     relief requested shall be denied, on the ground that the 
     civil action is against the United States or that the United 
     States is an indispensable party.''.

     SEC. 5. ADDITIONAL AMENDMENTS.

       (a) In General.--The Indian Land Consolidation Act (25 
     U.S.C. 2201 et seq.) is amended--
       (1) in the second sentence of section 205(a) (25 U.S.C. 
     2204(a)), by striking ``over 50 per centum of the undivided 
     interests'' and inserting ``undivided interests equal to at 
     least 50 percent of the undivided interest'';
       (2) in section 206 (25 U.S.C. 2205)--
       (A) in subsection (a), by striking paragraph (3) and 
     inserting the following:
       ``(3) Tribal probate codes.--Except as provided in any 
     applicable Federal law, the Secretary shall not approve a 
     tribal probate code, or an amendment to such a code, that 
     prevents the devise of an interest in trust or restricted 
     land to--
       ``(A) an Indian lineal descendant of the original allottee; 
     or
       ``(B) an Indian who is not a member of the Indian tribe 
     that exercises jurisdiction over such an interest, unless the 
     code provides for--
       ``(i) the renouncing of interests to eligible devisees in 
     accordance with the code;
       ``(ii) the opportunity for a devisee who is the spouse or 
     lineal descendant of a testator to reserve a life estate; and
       ``(iii) payment of fair market value in the manner 
     prescribed under subsection (c)(2).''; and
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) by striking the paragraph heading and inserting the 
     following:

       ``(1) Authority.--
       ``(A) In general.--'';

       (II) in the first sentence of subparagraph (A) (as 
     designated by clause (i)), by striking ``section 207(a)(6)(A) 
     of this title'' and inserting ``section 207(a)(2)(A)(ii), 
     207(a)(2)(C), or 207(a)(3)''; and
       (III) by striking the last sentence and inserting the 
     following:

       ``(B) Transfer.--The Secretary shall transfer payments 
     received under subparagraph (A) to any person or persons who 
     would have received an interest in land if the interest had 
     not been acquired by the Indian tribe in accordance with this 
     paragraph.''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A)--

       (aa) by striking the subparagraph heading and all that 
     follows through ``Paragraph (1) shall apply'' and inserting 
     the following:
       ``(A) Nonapplicability to certain interests.--

[[Page S3274]]

       ``(i) In general.--Paragraph (1) shall not apply'';
       (bb) in clause (i) (as designated by item (a)), by striking 
     ``if, while'' and inserting the following: ``if--

       ``(I) while'';

       (cc) by striking the period at the end and inserting ``; 
     or''; and
       (dd) by adding at the end the following:

       ``(II)(aa) the interest is part of a family farm that is 
     devised to a member of the family of the decedent; and
       ``(bb) the devisee agrees that the Indian tribe that 
     exercises jurisdiction over the land will have the 
     opportunity to acquire the interest for fair market value if 
     the interest is offered for sale to an entity that is not a 
     member of the family of the owner of the land.

       ``(ii) Recording of interest.--On request by an Indian 
     tribe described in clause (i)(II)(bb), a restriction relating 
     to the acquisition by the Indian tribe of an interest in a 
     family farm involved shall be recorded as part of the deed 
     relating to the interest involved.
       ``(iii) Mortgage and foreclosure.--Nothing in clause 
     (i)(II) prevents or limits the ability of an owner of land to 
     which that clause applies to mortgage the land or limit the 
     right of the entity holding such a mortgage to foreclose or 
     otherwise enforce such a mortgage agreement in accordance 
     with applicable law.
       ``(iv) Definition of member of the family.--In this 
     paragraph, the term `member of the family', with respect to a 
     decedent or landowner, means--

       ``(I) a lineal descendant of a decedent or landowner;
       ``(II) a lineal descendant of the grandparent of a decedent 
     or landowner;
       ``(III) the spouse of a descendant or landowner described 
     in subclause (I) or (II); and
       ``(IV) the spouse of a decedent or landowner.''; and
       (II) in subparagraph (B), by striking ``subparagraph (A)'' 
     and all that follows through ``207(a)(6)(B) of this title'' 
     and inserting ``paragraph (1)'';

       (3) in section 207 (25 U.S.C. 2206)--
       (A) in subsection (c)--
       (i) by redesignating paragraph (3) as paragraph (4); and
       (ii) by inserting after paragraph (2) the following:
       ``(3) Alienation of joint tenancy interests.--
       ``(A) In general.--With respect to any interest held in 
     joint tenancy in accordance with this subsection--
       ``(i) nothing in this subsection alters the ability of an 
     owner of such an interest to convey a life estate in the 
     undivided joint tenancy interest of the owner; and
       ``(ii) only the last remaining owner of such an interest 
     may devise or convey more than a life estate in the interest.
       ``(B) Application of provision.--This paragraph shall not 
     apply--
       ``(i) to any conveyance, sale, or transfer that is part of 
     an agreement referred to in subsection (e); or
       ``(ii) to a co-owner of a joint tenancy interest.''; and
       (B) in subsection (g)(5), by striking ``this section'' and 
     inserting ``subsections (a) and (b)'';
       (4) in section 213 (25 U.S.C. 2212)--
       (A) in subsection (a)(2), by striking ``(A) In general.--'' 
     and all that follows through ``the Secretary shall submit'' 
     and inserting ``The Secretary shall submit'';
       (B) in subsection (b), by striking paragraph (4) and 
     inserting the following:
       ``(4) shall minimize the administrative costs associated 
     with the land acquisition program through the use of policies 
     and procedures designed to accommodate the voluntary sale of 
     interests under the pilot program under this section, 
     notwithstanding the existence of any otherwise applicable 
     policy, procedure, or regulation, through the elimination of 
     duplicate--
       ``(A) conveyance documents;
       ``(B) administrative proceedings; and
       ``(C) transactions.''; and
       (C) in subsection (c)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``landowner upon 
     payment'' and all that follows and inserting the following: 
     ``landowner--

       ``(i) on payment by the Indian landowner of the amount paid 
     for the interest by the Secretary; or
       ``(ii) if--

       ``(I) the Indian referred to in this subparagraph provides 
     assurances that the purchase price will be paid by pledging 
     revenue from any source, including trust resources; and
       ``(II) the Secretary determines that the purchase price 
     will be paid in a timely and efficient manner.''; and
       (II) in subparagraph (B), by inserting before the period at 
     the end the following: ``unless the interest is subject to a 
     foreclosure of a mortgage in accordance with the Act of March 
     29, 1956 (25 U.S.C. 483a)''; and

       (ii) in paragraph (3), by striking ``10 percent of more of 
     the undivided interests'' and inserting ``an undivided 
     interest'';
       (5) in section 214 (25 U.S.C. 2213), by striking subsection 
     (b) and inserting the following:
       ``(b) Application of Revenue From Acquired Interests to 
     Land Consolidation Pilot Program.--
       ``(1) In general.--The Secretary shall have a lien on any 
     revenue accruing to an interest described in subsection (a) 
     until the Secretary provides for the removal of the lien 
     under paragraph (3) or (4).
       ``(2) Requirements.--
       ``(A) In general.--Until the Secretary removes a lien from 
     an interest in land under paragraph (1)--
       ``(i) any lease, resource sale contract, right-of-way, or 
     other document evidencing a transaction affecting the 
     interest shall contain a clause providing that all revenue 
     derived from the interest shall be paid to the Secretary; and
       ``(ii) any revenue derived from any interest acquired by 
     the Secretary in accordance with section 213 shall be 
     deposited in the fund created under section 216.
       ``(B) Approval of transactions.--Notwithstanding section 16 
     of the Act of June 18, 1934 (commonly known as the `Indian 
     Reorganization Act') (25 U.S.C. 476), or any other provision 
     of law, until the Secretary removes a lien from an interest 
     in land under paragraph (1), the Secretary may approve a 
     transaction covered under this section on behalf of an Indian 
     tribe.
       ``(3) Removal of lien after findings.--The Secretary may 
     remove a lien referred to in paragraph (1) if the Secretary 
     makes a finding that--
       ``(A) the costs of administering the interest from which 
     revenue accrues under the lien will equal or exceed the 
     projected revenues for the parcel of land involved;
       ``(B) in the discretion of the Secretary, it will take an 
     unreasonable period of time for the parcel of land to 
     generate revenue that equals the purchase price paid for the 
     interest; or
       ``(C) a subsequent decrease in the value of land or 
     commodities associated with the parcel of land make it likely 
     that the interest will be unable to generate revenue that 
     equals the purchase price paid for the interest in a 
     reasonable time.
       ``(4) Other removal of lien.--In accordance with 
     regulations to be promulgated by the Secretary, and in 
     consultation with tribal governments and other entities 
     described in section 213(b)(3), the Secretary shall 
     periodically remove liens referred to in paragraph (1) from 
     interests in land acquired by the Secretary.'';
       (6) in section 216 (25 U.S.C. 2215)--
       (A) in subsection (a), by striking paragraph (2) and 
     inserting the following:
       ``(2) collect all revenues received from the lease, permit, 
     or sale of resources from interests acquired under section 
     213 or paid by Indian landowners under section 213.''; and
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``Subject to paragraph (2), all'' and inserting ``All'';
       (II) in subparagraph (A), by striking ``and'' at the end;
       (III) in subparagraph (B), by striking the period at the 
     end and inserting ``; and''; and
       (IV) by adding at the end the following:

       ``(C) be used to acquire undivided interests on the 
     reservation from which the income was derived.''; and
       (ii) by striking paragraph (2) and inserting the following:
       ``(2) Use of funds.--The Secretary may use the revenue 
     deposited in the Acquisition Fund under paragraph (1) to 
     acquire some or all of the undivided interests in any parcels 
     of land in accordance with section 205.'';
       (7) in section 217 (25 U.S.C. 2216)--
       (A) in subsection (e)(3), by striking ``prospective 
     applicants for the leasing, use, or consolidation of'' and 
     insert ``any person that is leasing, using, or consolidating, 
     or is applying to lease, use, or consolidate,''; and
       (B) by striking subsection (f) and inserting the following:
       ``(f) Purchase of Land by Indian Tribe.--
       ``(1) In general.--Except as provided in paragraph (2), 
     before the Secretary approves an application to terminate the 
     trust status or remove the restrictions on alienation from a 
     parcel of trust or restricted land, the Indian tribe that 
     exercises jurisdiction over the parcel shall have the 
     opportunity--
       ``(A) to match any offer contained in the application; or
       ``(B) in a case in which there is no purchase price 
     offered, to acquire the interest in the parcel by paying the 
     fair market value of the interest.
       ``(2) Exception for family farms.--
       ``(A) In general.--Paragraph (1) shall not apply to a 
     parcel of trust or restricted land that is part of a family 
     farm that is conveyed to a member of the family of a 
     landowner (as defined in section 206(c)(2)(A)(iv)) if--
       ``(i) the interest is offered for sale to an entity that is 
     not a member of the family of the landowner; and
       ``(ii) the Indian tribe that exercises jurisdiction over 
     the land is afforded the opportunity to purchase the 
     interest.
       ``(B) Applicability.--Section 206(c)(2)(A) shall apply with 
     respect to the recording and mortgaging of any trust or 
     restricted land referred to in subparagraph (A).''; and
       (8) in section 219(b)(1)(A) (25 U.S.C. 2218(b)(1)(A)), by 
     striking ``100'' and inserting ``90''.
       (b) Definition.--
       (1) In general.--Section 202 of the Indian Land 
     Consolidation Act (25 U.S.C. 2201) is amended by striking 
     paragraph (2) and inserting the following:
       ``(2) Indian.--
       ``(A) In general.--The term `Indian' means--
       ``(i) any person that is a member of any Indian tribe or is 
     eligible to become a member of any Indian tribe;

[[Page S3275]]

       ``(ii) subject to subparagraph (B), any person that has 
     been found to meet the definition of `Indian' under any 
     Federal law; and
       ``(iii) with respect to the ownership, devise, or descent 
     of trust or restricted land in the State of California, any 
     person that meets the definition of `Indians of California' 
     contained in the first section of the Act of May 18, 1928 (25 
     U.S.C. 651), until otherwise provided by Congress in 
     accordance with section 809(b) of the Indian Health Care 
     Improvement Act (25 U.S.C. 1679(b));''.
       ``(B) Exclusions.--The term `Indian' does not include any 
     person excluded from a definition described in subparagraph 
     (A)(ii) by a regulation promulgated by the Secretary in a 
     case in which the Secretary determines that the definition is 
     not consistent with the purposes of this Act, unless the 
     definition described in subparagraph (A)(ii) is contained in 
     a law relating to--
       ``(i) agriculture;
       ``(ii) cultural resources;
       ``(iii) economic development;
       ``(iv) grazing;
       ``(v) housing;
       ``(vi) Indian schools;
       ``(vii) natural resources;
       ``(viii) any other program with benefits intended to run to 
     Indian landowners; or
       ``(ix) any land-related program that takes effect after the 
     date of enactment of this subparagraph.''.
       (2) Applicability.--Any exclusion referred to in the 
     amendment made by paragraph (1) shall apply only to a 
     decedent who dies after the date on which the Secretary of 
     the Interior promulgates a regulation providing for the 
     exclusion.
       (c) Mortgages and Deeds of Trust.--The Act of March 29, 
     1956 (25 U.S.C. 483a), is amended in the first sentence of 
     subsection (a) by inserting after ``any land'' the following: 
     ``(including land owned by any person in passive trust status 
     in accordance with section 207A of the Indian Land 
     Consolidation Act)''.
       (d) Issuance of Patents.--Section 5 of the Act of February 
     8, 1887 (25 U.S.C. 348), is amended by striking the second 
     proviso and inserting the following: ``Provided, That the 
     rules of intestate succession under the Indian Land 
     Consolidation Act (25 U.S.C. 2201 et seq.) (including a 
     tribal probate code approved under that Act or regulations 
     promulgated under that Act) shall apply to that land for 
     which patents have been executed and delivered:''.
       (e) Transfers of Restricted Indian Land.--Section 4 of the 
     Act of June 18, 1934 (25 U.S.C. 464), is amended in the first 
     proviso by striking ``, in accordance with'' and all that 
     follows through the colon and inserting ``in accordance with 
     the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) 
     (including a tribal probate code approved under that Act or 
     regulations promulgated under that Act):''.

     SEC. 6. INHERITANCE OF CERTAIN TRUST OR RESTRICTED LAND.

       (a) In General.--Section 5 of Public Law 98-513 (98 Stat. 
     2413) is amended to read as follows:

     ``SEC. 5. INHERITANCE OF CERTAIN TRUST OR RESTRICTED LAND.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act--
       ``(1) the owner of an interest in trust or restricted land 
     within the reservation may not devise an interest (including 
     a life estate under section 4) in the land that is less than 
     2.5 acres to more than 1 tribal member unless each tribal 
     member already holds an interest in that land; and
       ``(2) any interest in trust or restricted land within the 
     reservation that is less than 2.5 acres that would otherwise 
     pass by intestate succession (including a life estate in the 
     land under section 4), or that is devised to more than 1 
     tribal member that is not described in paragraph (1), shall 
     revert to the Indian tribe, to be held in the name of the 
     United States in trust for the Indian tribe.
       ``(b) Notice.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Indian Probate Reform Act of 2003, the 
     Secretary shall provide notice to owners of trust or 
     restricted land within the Lake Traverse Reservation of the 
     provisions of this section by--
       ``(A) direct mail;
       ``(B) publication in the Federal Register; or
       ``(C) publication in local newspapers.
       ``(2) Certification.--After providing notice under 
     paragraph (1), the Secretary shall--
       ``(A) certify that the requirements of this subsection have 
     been met; and
       ``(B) shall publish notice of that certification in the 
     Federal Register.''.
       (b) Applicability.--This section and the amendment made by 
     this section shall not apply with respect to the estate of 
     any person who dies before the date that is 1 year after the 
     date on which the Secretary makes the required certification 
     under section 5(b) of Public Law 98-513 (98 Stat. 2413) (as 
     amended by subsection (a)).

     SEC. 7. EFFECTIVE DATE.

       The amendments made by this Act shall not apply to the 
     estate of an individual who dies before the later of--
       (1) the date that is 1 year after the date of enactment of 
     this Act; or
       (2) the date specified in section 207(g)(5) of the Indian 
     Land Consolidation Act (25 U.S.C. 2206(g)(5)).
                                 ______