[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10803-S10804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            INDIAN LAND CONSOLIDATION ACT AMENDMENTS OF 2006

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 536, S. 3526.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislation clerk read as follows:

       A bill (S. 3526) to amend the Indian Land Consolidation Act 
     to modify certain requirements under that act.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I ask unanimous consent that the amendment 
at the desk be agreed to, the bill, as amended, be read a third time 
and passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5119), was agreed to as follows:
       On page 2, strike lines 18 through 20 and insert the 
     following:
       ``(B) includes, for purposes of intestate succession only 
     under section 207(a) and only with respect to any decedent 
     who dies after July 20,
       Beginning on page 3, strike line 12 and all that follows 
     through page 4, line 9, and insert the following:
       ``(v) Effect of subparagraph.--Nothing in this subparagraph 
     limits the right of any person to devise any trust or 
     restricted interest pursuant to a valid will in accordance 
     with subsection (b).'';
       On page 6, line 21, strike ``that'' and insert ``who''.

  The bill (S. 3526), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 3526

       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 Consolidation 
     Act Amendments of 2006''.

     SEC. 2. DEFINITIONS.

       Section 202 of the Indian Land Consolidation Act (25 U.S.C. 
     2201) is amended--
       (1) in paragraph (4)--
       (A) by inserting ``(i)'' after ``(4)'';
       (B) by striking `` `trust or restricted interest in land' 
     or'' and inserting the following:
       ``(ii) `trust or restricted interest in land' or''; and
       (C) in clause (ii) (as designated by subparagraph (B)), by 
     striking ``an interest in land, title to which'' and 
     inserting ``an interest in land, the title to which 
     interest''; and
       (2) by striking paragraph (7) and inserting the following:
       ``(7) the term `land'--
       ``(A) means any real property; and
       ``(B) for purposes of intestate succession only under 
     section 207(a), includes, with respect to any decedent who 
     dies after July 20, 2007, the interest of the decedent in any 
     improvements permanently affixed to a parcel of trust or 
     restricted lands (subject to any valid mortgage or other 
     interest in such an improvement) that was owned in whole or 
     in part by the decedent immediately prior to the death of the 
     decedent;''.

     SEC. 3. DESCENT AND DISTRIBUTION.

       Section 207 of the Indian Land Consolidation Act (25 U.S.C. 
     2206) is amended--
       (1) in subsection (a)(2)(D)--
       (A) in clause (i), by striking ``clauses (ii) through 
     (iv)'' and inserting ``clauses (ii) through (v)''; and
       (B) by striking clause (v) and inserting the following:
       ``(v) Effect of paragraph; nonapplicability to certain 
     interests.--Nothing in this paragraph--

       ``(I) limits the right of any person to devise any trust or 
     restricted interest pursuant to a valid will in accordance 
     with subsection (b); or
       ``(II) applies to any interest in the estate of a decedent 
     who died during the period beginning on the date of enactment 
     of this subclause and ending on July 20, 2007 (or the last 
     day of any applicable period of extension authorized by the 
     Secretary under clause (vi)).

       ``(vi) Authority to extend period of nonapplicability.--The 
     Secretary may extend the period of nonapplicability under 
     clause (v)(II) for not longer than 1 year if, by not later 
     than July 2, 2007, the Secretary publishes in the Federal 
     Register a notice of the extension.'';
       (2) in subsection (c)(2), by striking ``the date that is'' 
     and all that follows through the period at the end and 
     inserting the following: ``July 21, 2007.''; and
       (3) in subsection (o)--
       (A) in paragraph (3)--
       (i) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii) and indenting the clauses appropriately; and
       (ii) by striking ``(3)'' and all that follows through ``No 
     sale'' and inserting the following:
       ``(3) Request to purchase; consent requirements; multiple 
     requests to purchase.--
       ``(A) In general.--No sale''; and
       (iii) by striking the last sentence and inserting the 
     following:
       ``(B) Multiple requests to purchase.--Except for interests 
     purchased pursuant to paragraph (5), if the Secretary 
     receives a request with respect to an interest from more than 
     1 eligible purchaser under paragraph (2), the Secretary shall 
     sell the interest to the eligible purchaser that is selected 
     by the applicable heir, devisee, or surviving spouse.'';
       (B) in paragraph (4)--
       (i) in subparagraph (A), by adding ``and'' at the end;
       (ii) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (C); and
       (C) in paragraph (5)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking 
     ``auction and'';
       (II) in clause (i), by striking ``and'' at the end;
       (III) in clause (ii)--

       (aa) by striking ``auction'' and inserting ``sale'';
       (bb) by striking ``the interest passing to such heir 
     represents'' and inserting ``, at the time of death of the 
     applicable decedent, the interest of the decedent in the land 
     represented''; and
       (cc) by striking the period at the end and inserting ``; 
     and''; and

       (IV) by adding at the end the following:

       ``(iii)(I) the Secretary is purchasing the interest as part 
     of the program authorized under section 213(a)(1); or
       ``(II) after receiving a notice under paragraph (4)(B), the 
     Indian tribe with jurisdiction over the interest is proposing 
     to purchase the interest from an heir that is not a member, 
     and is not eligible to become a member, of that Indian 
     tribe.'';
       (ii) in subparagraph (B)--

       (I) by striking ``(B)'' and all that follows through ``such 
     heir'' and inserting the following:

       ``(B) Exception; nonapplicability to certain interests.--
       ``(i) Exception.--Notwithstanding subparagraph (A), the 
     consent of the heir or surviving spouse'';

       (II) in clause (i), by inserting ``or surviving spouse'' 
     before ``was residing''; and
       (III) by adding at the end the following:

       ``(ii) Nonapplicability to certain interests.--Subparagraph 
     (A) shall not apply to any interest in the estate of a 
     decedent who dies on or before July 20, 2007 (or the last day 
     of any applicable period of extension authorized by the 
     Secretary under subparagraph (C)).''; and
       (iii) by adding at the end the following:

[[Page S10804]]

       ``(C) Authority to extend period of nonapplicability.--The 
     Secretary may extend the period of nonapplicability under 
     subparagraph (B)(ii) for not longer than 1 year if, by not 
     later than July 2, 2007, the Secretary publishes in the 
     Federal Register a notice of the extension.''.

  Mr. FRIST. Mr. President, I ask unanimous consent that the Committee 
on Homeland Security and Governmental Affairs be discharged from 
further consideration of the following postal-naming bills en bloc: S. 
1726, S. 3845, H.R. 4109, H.R. 4805, H.R. 4674, H.R. 4768, H.R. 5428, 
H.R. 5434, H.R. 5054, H.R. 5664, and H.R. 6033 and the Senate proceed 
to their immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  There being no objection, the Senate proceeded to consider the bills 
en bloc.

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