[Congressional Record Volume 151, Number 164 (Sunday, December 18, 2005)]
[House]
[Pages H12217-H12218]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  0100
      INDIAN LAND PROBATE REFORM TECHNICAL CORRECTIONS ACT OF 2005

  Mr. POMBO. Mr. Speaker, I ask unanimous consent that the Committee on 
Resources be discharged from further consideration of the Senate bill 
(S. 1481) to amend the Indian Land Consolidation Act to provide for 
probate reform, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore (Mr. Boozman). Is there objection to the 
request of the gentleman from California?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 1481

       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 ``Indian Land Probate Reform 
     Technical Corrections Act of 2005''.

     SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.

       Section 205 of the Indian Land Consolidation Act (25 U.S.C. 
     2204) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Purchase of Land.--
       ``(1) In general.--Subject to subsection (b), any Indian 
     tribe may purchase, at not less than fair market value and 
     with the consent of the owners of the interests, part or all 
     of the interests in--
       ``(A) any tract of trust or restricted land within the 
     boundaries of the reservation of the tribe; or
       ``(B) land that is otherwise subject to the jurisdiction of 
     the tribe.
       ``(2) Required consent.--
       ``(A) In general.--The Indian tribe may purchase all 
     interests in a tract described in paragraph (1) with the 
     consent of the owners of undivided interests equal to at 
     least 50 percent of the undivided interest in the tract.
       ``(B) Interest owned by tribe.--Interests owned by an 
     Indian tribe in a tract may be included in the computation of 
     the percentage of ownership of the undivided interests in 
     that tract for purposes of determining whether the consent 
     requirement under subparagraph (A) has been met.'';
       (2) by redesignating subsection (d) as subsection (c); and
       (3) in subsection (c) (as redesignated by paragraph (2))--
       (A) in paragraph (2)--
       (i) in subparagraph (G)(ii)(I), by striking ``a higher 
     valuation of the land'' and inserting ``a value of the land 
     that is equal to or greater than that of the earlier 
     appraisal''; and
       (ii) in subparagraph (I)(iii)--

       (I) in subclause (III), by inserting ``(if any)'' after 
     ``this section''; and
       (II) in subclause (IV)--

       (aa) in item (aa), by striking ``less'' and inserting 
     ``more''; and
       (bb) in item (bb), by striking ``to implement this 
     section'' and inserting ``under paragraph (5)''; and
       (B) in paragraph (5), in the second sentence, by striking 
     ``shall'' and inserting ``may''.

     SEC. 3. TRIBAL PROBATE CODES.

       Section 206 of the Indian Land Consolidation Act (25 U.S.C. 
     2205) is amended--

[[Page H12218]]

       (1) in subsection (b)(3), by striking subparagraph (A) and 
     inserting the following:
       ``(A) the date that is 1 year after the date on which the 
     Secretary makes the certification required under section 
     8(a)(4) of the American Indian Probate Reform Act of 2004 (25 
     U.S.C. 2201 note; Public Law 108-374); or''; and
       (2) in subsection (c)--
       (A) in paragraph (1)(A), by striking ``section'' and all 
     that follows through ``the Indian tribe'' and inserting 
     ``section 207(b)(2)(A)(ii), the Indian tribe''; and
       (B) in paragraph (2)(A)(i)(II)(bb), by inserting ``in 
     writing'' after ``agrees''.

     SEC. 4. DESCENT AND DISTRIBUTION.

       (a) In General.--Section 207 of the Indian Land 
     Consolidation Act (25 U.S.C. 2206) is amended--
       (1) by redesignating subsections (h) through (p) as 
     subsections (g) through (o), respectively;
       (2) in subsection (g) (as redesignated by paragraph (1))--
       (A) in paragraph (2)--
       (i) by inserting ``specifically'' after ``pertains''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) the allotted land (or any interest relating to such 
     land) of 1 or more specific Indian tribes expressly 
     identified in Federal law, including any of the Federal laws 
     governing the probate or determination of heirs associated 
     with, or otherwise relating to, the land, interest in land, 
     or other interests or assets that are owned by individuals 
     in--
       ``(i) Five Civilized Tribes restricted fee status; or
       ``(ii) Osage Tribe restricted fee status.''; and
       (B) by adding at the end the following:
       ``(3) Effect of subsection.--Except to the extent that this 
     Act otherwise affects the application of a Federal law 
     described in paragraph (2), nothing in this subsection limits 
     the application of this Act to trust or restricted land, 
     interests in such land, or any other trust or restricted 
     interests or assets.'';
       (3) in subsection (h) (as redesignated by paragraph (1))--
       (A) in paragraph (6), by striking ``(25 U.S.C. 2205)''; and
       (B) in paragraph (7), by inserting ``in trust or restricted 
     status'' after ``testator'';
       (4) in subsection (j) (as redesignated by paragraph (1))--
       (A) in paragraph (2)(A)--
       (i) in clause (ii)(I), by striking ``the date of enactment 
     of this subparagraph'' and inserting ``the date that is 1 
     year after the date on which the Secretary publishes a notice 
     of certification under section 8(a)(4) of the American Indian 
     Probate Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 
     108-374)''; and
       (ii) in clause (iii), by striking ``the provisions of 
     section 207(a)(2)(A)'' and inserting ``subsection 
     (a)(2)(A)'';
       (B) in paragraph (8)(D), by striking ``the provisions of 
     section 207(a)(2)(D) (25 U.S.C. 2206(a)(2)(D))'' and 
     inserting ``subsection (a)(2)(D)''; and
       (C) in paragraph (9)(C)--
       (i) by striking ``section 207(e) (25 U.S.C. 2206(e))'' and 
     inserting ``subsection (e)''; and
       (ii) by striking ``section 207(p) (25 U.S.C. 2206(p))'' and 
     inserting ``subsection (o)''; and
       (5) in subsection (o) (as redesignated by paragraph (1))--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``section 207(a)(2)(A) or (D)'' and inserting ``subparagraph 
     (A) or (D) of subsection (a)(2)''; and
       (ii) in subparagraph (A), by striking ``section 
     207(b)(1)(A)'' and inserting ``subsection (b)(1)(A)'';
       (B) in paragraph (3)(B), by striking ``section 207(a)(2)(A) 
     or (D)'' and inserting ``subparagraph (A) or (D) of 
     subsection (a)(2)''; and
       (C) in paragraph (6)--
       (i) in the first sentence, by striking ``Proceeds'' and 
     inserting the following:
       ``(A) In general.--Proceeds''; and
       (ii) by striking the second sentence and inserting the 
     following:
       ``(B) Holding in trust.--Proceeds described in subparagraph 
     (A) shall be deposited and held in an account as trust 
     personalty if the interest sold would otherwise pass to--
       ``(i) the heir, by intestate succession under subsection 
     (a); or
       ``(ii) the devisee in trust or restricted status under 
     subsection (b)(1).''.
       (b) Nontestamentary Disposition.--Section 
     207(a)(2)(D)(iv)(I)(aa) of the Indian Land Consolidation Act 
     (25 U.S.C. 2206(a)(2)(D)(iv)(I)(aa)) is amended--
       (1) by striking ``clause (iii)'' and inserting ``this 
     subparagraph''; and
       (2) in subitem (BB), by striking ``any co-owner'' and 
     inserting ``not more than 1 co-owner''.
       (c) Joint Tenancy; Right of Survivorship.--Section 207(c) 
     of the Indian Land Consolidation Act (25 U.S.C. 2206(c)) is 
     amended by striking the subsection heading and inserting the 
     following:
       ``(c) Joint Tenancy; Right of Survivor-
     ship.--''.
       (d) Estate Planning Assistance.--Section 207(f)(3) of the 
     Indian Land Consolidation Act (25 U.S.C. 2206(f)(3)) is 
     amended in the matter preceding subparagraph (A) by inserting 
     ``, including noncompetitive grants,'' after ``grants''.

     SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.

       Section 213 of the Indian Land Consolidation Act (25 U.S.C. 
     2212) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.'';

     and
       (2) in subsection (a)(1), by striking ``(25 U.S.C. 
     2206(p))''.

     SEC. 6. ESTABLISHING FAIR MARKET VALUE.

       Section 215 of the Indian Land Consolidation Act (25 U.S.C. 
     2214) is amended by striking the last sentence and inserting 
     the following: ``Such a system may govern the amounts offered 
     for the purchase of interests in trust or restricted land 
     under this Act.''.

     SEC. 7. LAND OWNERSHIP INFORMATION.

       Section 217(e) of the Indian Land Consolidation Act (25 
     U.S.C. 2216(e)) is amended by striking ``be made available 
     to'' and inserting ``be made available to--''.

     SEC. 8. CONFORMING AMENDMENTS.

       (a) Probate Reform.--The American Indian Probate Reform Act 
     of 2004 (25 U.S.C. 2201 note; Public Law 108-374) is 
     amended--
       (1) in section 4, by striking ``(as amended by section 
     6(a)(2))''; and
       (2) in section 9, by striking ``section 205(d)(2)(I)(i)'' 
     and inserting ``section 205(c)(2)(I)(i) of the Indian Land 
     Consolidation Act (25 U.S.C. 2204(c)(2)(I)(i))''.
       (b) Transfer and Exchange of Land.--Section 4 of the Act of 
     June 18, 1934 (25 U.S.C. 464) is amended to read as follows:

     ``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND 
                   SHARES OF INDIAN TRIBES AND CORPORATIONS.

       ``(a) Approval.--Except as provided in this section, no 
     sale, devise, gift, exchange, or other transfer of restricted 
     Indian land or shares in the assets of an Indian tribe or 
     corporation organized under this Act shall be made or 
     approved.
       ``(b) Transfer to Indian Tribe.--
       ``(1) In general.--Land or shares described in subsection 
     (a) may be sold, devised, or otherwise transferred to the 
     Indian tribe on the reservation of which the land is located, 
     or in the corporation of which the shares are held or were 
     derived (or a successor of such a corporation), with the 
     approval of the Secretary of the Interior.
       ``(2) Descent and devise.--Land and shares transferred 
     under paragraph (1) shall descend or be devised to any member 
     of the Indian tribe or corporation (or an heir of such a 
     member) in accordance with the Indian Land Consolidation Act 
     (25 U.S.C. 2201 et seq.), including a tribal probate code 
     approved under that Act (including regulations).
       ``(c) Voluntary Exchanges.--The Secretary of the Interior 
     may authorize a voluntary exchange of land or shares 
     described in subsection (a) that the Secretary determines to 
     be of equal value if the Secretary determines that the 
     exchange is--
       ``(1) expedient;
       ``(2) beneficial for, or compatible with, achieving proper 
     consolidation of Indian land; and
       ``(3) for the benefit of cooperative organizations.''.

     SEC. 9. EFFECTIVE DATE.

       The amendments made by this Act shall be effective as if 
     included in the American Indian Probate Reform Act of 2004 
     (25 U.S.C. 2201 note; Public Law 108-374).

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________