[House Report 107-499]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-499

======================================================================



 
                  FIVE NATIONS INDIAN LAND REFORM ACT

                                _______
                                

 June 11, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2880]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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. Restricted 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 conveyances of property 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.
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. 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 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 1906 
        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 closed in 1906, 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 closed in 1906, 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 in 1906.
          (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, any proceeds 
from such conveyance or condemnation shall be used 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 account in 
        a trust fund under the supervision of the Secretary at the 
        request of the Individual Indian;
          (2) such Individual Indian provides a written request 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; and
          (5) such property is located within the State of Oklahoma.
  (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 
involved, a specific tract of land within the property shall be 
designated by the Individual Indian for placement in restricted status. 
The size of the restricted tract of land so designated shall be in the 
same proportion to the whole of the property as the proceeds derived 
from the conveyance or condemnation bears to the fair market value of 
the whole of the property. 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. RESTRICTED 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 restricted 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 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 
may 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 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 
        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.
          (2) Consideration of application.--An application under 
        paragraph (1) shall be considered by the Secretary only as to 
        the tract, tracts, or severed mineral or surface interest 
        described in the application. Not later than 90 days after the 
        date on which an application is submitted, the Secretary shall 
        either issue the removal order or disapprove the application.
          (3) Disapproval.--The Secretary shall disapprove an 
        application under paragraph (1) 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.
  (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 interests in the property are owned by 
Individual Indians as tenants in common 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.--Except as provided in subsection (b), 
        restricted property may be conveyed by an Individual Indian 
        pursuant to the procedures described in this subsection.
          (2) Requirements.--An Individual Indian may only convey 
        restricted property--
                  (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.
  (b) Exception.--
          (1) In general.--Notwithstanding subsection (a)(2), an 
        Individual Indian may convey his or her restricted property, or 
        any portion thereof, 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 the Individual Indian spouse (if he or she is an Individual 
        Indian, 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 CONVEYANCES OF PROPERTY TO 
                    INDIAN HOUSING AUTHORITIES.

  (a) In General.--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 a successor Individual 
Indian homebuyer. Such request shall include evidence satisfactory to 
the Secretary that the homebuyer's contract has been paid in full and 
be delivered to the Secretary not later than 3 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 3 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) Jurisdiction.--
          (1) In general.--The Secretary shall have exclusive 
        jurisdiction to approve the partition in kind of property, 
        where--
                  (A) all of said property is held in trust or 
                restricted status in common ownership by more than 1 
                Individual Indian owner;
                  (B) all owners consent to the partition in writing; 
                and
                  (C) all other requirements of subsections (b) and (c) 
                are met.
          (2) Voluntary partition in kind.--The Secretary shall have 
        jurisdiction to approve the voluntary partition in kind of 
        property consisting of both restricted and unrestricted, or 
        both trust and nontrust, undivided interests if all owners 
        consent to such partition in kind in writing.
  (b) Application for Partition.--
          (1) In general.--An owner or owners of an undivided interest 
        in any property described in subsection (a) may make written 
        application, on a form approved by the Secretary, for the 
        partition in kind of their trust or restricted property.
          (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 
                subsection (c).
  (c) Partition Procedures.--
          (1) Proposed land division plan.--The Secretary shall give 
        applicants under subsection (b) and all other owners of 
        property subject to a partition application under this section 
        with 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.
          (2) Approval.--The Secretary may attempt to negotiate for 
        partition in kind or for sale of all or a portion of the 
        property, and secure appropriate deeds from all interest 
        owners, subject to the Secretary's approval, if a plan under 
        paragraph (1) is approved by--
                  (A) Individual Indian owners of more than 50 percent 
                of the property which is entirely in trust status (as 
                distinguished from restricted status) and if the 
                Secretary finds the plan to be reasonable, fair, and 
                equitable, the Secretary may issue an order 
                partitioning the trust property in kind; or
                  (B) any Individual Indian who owns an undivided 
                interest which is held in restricted status (as 
                distinguished from trust status) and if the Secretary 
                finds the plan to be reasonable, fair, and equitable.
          (3) Limitation.--No partition under paragraph (2)(B) shall be 
        effected unless all of the owners have consented to the plan in 
        writing.

SEC. 205. SURFACE LEASES.

  The surface of restricted property may be leased by an Individual 
Indian pursuant to the Act of August 9, 1955 (25 U.S.C. 415 et seq.), 
except that the Secretary may approve any agricultural lease or permit 
with respect to restricted property in accordance with the provisions 
of section 105 of the American Indian Agricultural Resource Management 
Act (25 U.S.C. 3715) and section 219 of the Indian Land Consolidated 
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, 
except that 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 lifting and 
other production costs.

SEC. 207. MANAGEMENT OF MINERAL INTERESTS.

  (a) Oil and Gas Conservation Laws.--
          (1) In general.--The oil and gas conservation laws of the 
        State of Oklahoma shall apply to restricted property.
          (2) Enforcement.--The Oklahoma Corporation Commission shall 
        have the authority to perform ministerial functions related to 
        the enforcement of the laws referred to in paragraph (1), 
        including enforcement actions against well operators, except 
        that no order of the Corporation Commission affecting 
        restricted Indian property shall be valid as to such property 
        until such order is submitted to and approved by the Secretary.
          (3) Rule of construction.--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 Court 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 
restricted 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.
          (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.
  (b) Governing Laws.--Notwithstanding any other provision of law, the 
Secretary shall exercise the Secretary's jurisdiction and authority 
under this section in accordance with the Indian Land Consolidation Act 
(25 U.S.C. 2201 et seq.) and such rules and regulations which 
heretofore have been, or will be, prescribed by the Secretary for the 
probate of wills, determination of heirs, and distribution of property 
in estates of Indian decedents, subject to the following requirements:
          (1) Law applicable to estates of individual indian decedents 
        who died prior to effective date.--The administrative law judge 
        or other official designated by the Secretary shall apply the 
        laws of descent and distribution of the State of Oklahoma 
        contained in title 84 of the Oklahoma Statutes, chapter 4, to 
        all restricted property, trust property, and all restricted or 
        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 wills executed prior to effective 
        date.--The Secretary shall determine the validity and effect of 
        wills as to estates containing trust property or restricted 
        property when such wills were executed by Individual Indians 
        prior to the effective date of this Act, in accordance with the 
        laws of the State of Oklahoma governing the validity and effect 
        of wills, provided that 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.
          (3) 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 or trust 
                property shall have the right to dispose of such 
                property by will, executed on or after the effective 
                date of this Act in accordance with regulations which 
                heretofore have been, or will be, prescribed by the 
                Secretary for the probate of wills, provided--
                          (i) no will so executed shall be valid or 
                        have any force or effect unless and until such 
                        will has been approved by the Secretary; and
                          (ii) that the Secretary may approve or 
                        disapprove such will either before or after the 
                        death of the Individual Indian testator.
                  (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 
                in accordance with the Secretary's rules and 
                regulations applicable to estates of Indian decedents 
                who die intestate.
          (4) 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 or 
        restricted property shall apply to all such property 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, except that all such actions shall be subject to the 
requirements of section 305.
  (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 provided that 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, the 
        claimant in any such action has shown by clear and convincing 
        evidence that the limitations period had run in full prior to 
        the effective date of this Act, and the procedures set forth in 
        section 305 are followed.
  (c) Heirship Determinations and Dispositions.--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. Any grantee of an 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 shall 
have standing to request that the Secretary determine the heirs of the 
decedent in order to establish marketable title in said 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.

  (a) Petition; Jurisdiction and Applicable Law; Requirements.--
          (1) Petitions.--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.
          (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 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 the laws of the State of Oklahoma governing 
        partitions.
          (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.
  (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.

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 individual trust property or 
        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
                  (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.--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:
          (1) The claimant's name and mailing address.
          (2) 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.
          (3) A specific reference to or description of each title 
        transaction in the chain of title that the claimant is 
        attempting to validate pursuant to this section.
          (4) 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.
  (c) Response Deadline; Extension.--The Secretary shall have 60 days 
from 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 accordance with subsection (f) of this 
section.
  (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-Blood.--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) 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
                  (B) in subsection (e), by striking the first 
                sentence.
          (3) 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''.
          (4) 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, provide 
        information to all Individual Indians owning restricted 
        property (and to private counsel for such Individual Indians if 
        any) regarding 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
          (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.

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 offices of the Department of the Interior, 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.
          (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. EFFECTIVE DATE.

  This Act shall take effect on January 1, 2003.

  Amend the title 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 1906 Indian rolls 
of the Muscogee (Creek), Seminole, Cherokee, Chickasaw, and 
Choctaw Nations, historically referred to as the Five Civilized 
Tribes, and for other purposes.''.

                          Purpose of the Bill

    The purpose of H.R. 2880, is 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.

                  Background and Need for Legislation

    ``Individual Indian'' landowners in the Muscogee (Creek), 
Seminole, Cherokee, Chickasaw and Choctaw Nations (the Five 
Nations) in eastern Oklahoma face certain problems involving 
``restricted property.'' Federal laws grant Oklahoma State 
courts, as ``federal instrumentalities,'' jurisdiction over 
probates dealing with restricted property. Consequently, a 
large and ever-increasing number of restricted estates have not 
been probated in eastern Oklahoma because many individual 
Indians cannot afford to pay for probate actions in State 
court. History has also shown that countless acres of 
restricted lands in eastern Oklahoma have been lost when State 
probate courts have authorized the sale of the restricted lands 
in estates simply to pay the court costs and attorneys fees for 
probating the estate. This often involved sale of the entire 
restricted estate, rather than sale of just enough property to 
pay the costs and attorneys fees.
    These problems were documented as early as 1912. According 
to a 1925 report, restricted lands in eastern Oklahoma were not 
protected within the Oklahoma State court system, particularly 
in the area of State court guardianships. In addition, historic 
records demonstrate numerous instances where adult Indians, 
upon coming into large sums of money through ownership of oil 
or mineral development property, were taken into court, 
declared incompetent, had guardians appointed, and were forced 
to pay attorneys and guardians fees out of restricted funds.
    H.R. 2880 attempts to deal with these longstanding problems 
through four broad solutions. First, H.R. 2880 tries 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. Ironically, the inequality arose 
due to the Five Nations' treaty-based fee ownership of their 
lands. Because of this fee ownership, the Five Nations avoided 
the forced allotment of their lands under the 1887 General 
Allotment Act, which authorized issuance by the United States 
of trust patents to individual Indian landowners who were 
members of tribes whose lands were held in trust by the United 
States. Since the United States did not own the Five Nations' 
lands, the federal government did not have legal authority to 
issue patents to individual tribal members. This resulted in a 
unique and complex system of federal allotment legislation and 
other federal laws applicable only to the Five Nations' 
allotted lands.
    Second, H.R. 2880 eliminates unnecessary legal and 
bureaucratic obstacles that impede the highest, best, and most 
efficient use of restricted property by Indian owners. The bill 
amends current federal law which requires costly State court 
approval of sales and mineral leases of restricted property.
    Third, H.R. 2880 establishes a process for the 
administrative review and approval of conveyances, voluntary 
partitions, and leases. The bill also streamlines federal 
administrative proceedings in testate and intestate probates 
and other cases that involve restricted property and the rights 
of individual Indians to hold and acquire property in 
restricted and trust status.
    Finally, H.R. 2880 returns to the Department of the 
Interior the federal instrumentality jurisdiction of the 
Oklahoma State courts over the conveyance, devise, inheritance, 
lease, encumbrance, and certain partition actions involving 
restricted property belonging to individual Indians of the Five 
Nations. This will enable transactions to be handled 
administratively within the Department of the Interior, thereby 
protecting Indian interests without unnecessary judicial 
proceedings.

                            Committee Action

    After its introduction by Congressman Wes Watkins (R-OK) on 
September 12, 2001, H.R. 2880 was referred to the Committee on 
Resources. The Committee did not hold legislative hearings on 
the bill. On March 20, 2002, the Full Resources Committee met 
to consider the bill. Congressman James V. Hansen (R-UT) 
offered an amendment in the nature of a substitute to correct 
various technical and substantive inconsistencies and to 
clarify certain provisions. It was adopted by voice vote. The 
bill as amended was then ordered favorably reported to the 
House of Representatives by voice vote.

             Section-by-Section Analysis of Bill as Amended

    Section 1. Short Title; Table of Contents. Section 1 
establishes the short title of the Act and provides a table of 
contents.
    Section 2. Findings. Section 2 recognizes that State court 
federal instrumentality jurisdiction over restricted lands in 
eastern Oklahoma is inconsistent with federal Indian self-
determination policy.
    Section 3. Purposes. Section 3 describes the purposes of 
the legislation, which include correcting the historical 
disparate federal legislative treatment of individual allotted 
lands of ``Individual Indians.''
    Section 4. Definitions. Section 4 defines the legislation's 
key terms.
    ``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 
(historically referred to as the ``Five Civilized Tribes'').
    ``Indian Country'' has the meaning given that term in 
section 1151 of title 18, United States Code, and expressly 
includes trust property and restricted property as those terms 
are defined in the bill.
    ``Indian Nation'' means one of the individual Five Nations.
    ``Indian tribe'' means an Indian tribe as defined by the 
Indian Self-Determination and Education Assistance Act.
    ``Individual Indian'' means a member or citizen of one of 
the individual Five Nations, an enrollee on the final Five 
Civilized Tribes' 1906 Indian rolls, or an individual who is a 
lineal descendant by blood of an enrollee, regardless of 
whether such person is an enrolled member of one of the Five 
Nations.
    ``Restricted property'' means any right, title, or interest 
in real property owned by an Individual Indian subject to a 
restriction against alienation, conveyance, lease, mortgage, 
creation of liens, or other encumbrances imposed by the 
legislation or certain other federal laws, but does not include 
trust property.
    ``Secretary'' means the Secretary of the Interior or her 
designee.
    ``Trust property'' means Indian property, title to which 
was acquired in trust by the United States for the benefit of 
an Individual Indian or an Indian Nation within the boundaries 
of the state of Oklahoma under authority of the Indian 
Reorganization Act or the Oklahoma Indian Welfare Act.

             Title I--Restrictions; Removal of Restrictions

    Section 101. Restrictions on Real Property. Section 101 
provides that beginning on the effective date of the 
legislation, all restricted property shall be subject to 
restrictions, regardless of the degree of Indian blood of the 
Individual Indian who owns the property, and that restricted 
status will remain when the property is acquired by an 
Individual Indian by various described means.
    Section 102. Reinvestment of Proceeds from Condemnation or 
Conveyance of Restricted Property. Section 102 describes 
procedures for Individual Indians to use proceeds from 
conveyance or condemnation of restricted property to purchase 
property to be held in restricted status.
    Section 103. Restricted Funds. Section 103 requires that 
funds and securities that are held or supervised by the 
Secretary and are derived from restricted property or 
Individual Indian trust property on or after the effective date 
of the legislation are restricted and shall remain subject to 
the jurisdiction of the Secretary.
    Section 104. Period of Restrictions. Section 104 provides 
that, subject to the provisions of the legislation that permit 
restrictions to be removed, the period of restriction is 
extended until an Act of Congress determines otherwise.
    Section 105. Removal of Restrictions. Section 105 
establishes the procedure for removal of restrictions from a 
specified interest in property owned by an Individual Indian.
    Section 106. Exemptions from Prior Claims. Section 106 
provides that Sections 4 and 5 of the Act of May 27, 1908 (35 
Stat. 312, ch. 199) apply to restricted property.
    Section 107. Fractional Interests. Section 107, which 
involves conversion of the status of certain undivided property 
interests, is similar to section 217 of the Indian Land 
Consolidation Act, Public Law 106-462, as amended (25 U.S.C. 
Sec. 2216).

 Title II--Administrative Approval of Conveyances, Partitions, Leases, 
             and Mortgages; Management of Mineral Interests

    Section 201. Approval Authority for Conveyances and Leases. 
Section 201 provides that the Secretary shall have exclusive 
jurisdiction to approve conveyances and leases of restricted 
property.
    Section 202. Approval of Conveyances. Section 202 describes 
the procedure and requirements for Secretarial approval of 
conveyances of restricted property.
    Section 203. Reimposition of Restrictions on Conveyances of 
Property to Indian Housing Authorities. Section 203 authorizes 
the Secretary to grant requests to reimpose restrictions on 
former restricted property used as sites for homes constructed 
by Indian housing authorities with Housing and Urban 
Development funds, subject to certain requirements.
    Section 204. Administrative Approval of Partition in Kind. 
Section 204 establishes procedures for Secretarial approval of 
certain types of partitions of trust and restricted property.
    Section 205. Surface Leases. Section 205 authorizes surface 
leases of restricted property in accordance with other federal 
laws of general applicability that are listed in this section.
    Section 206. Secretarial Approval of Mineral Leases or 
Agreements. Section 206, which is based on Public Law 105-188, 
describes procedures for Secretarial approval of mineral leases 
and agreements affecting restricted property.
    Section 207. Management of Mineral Interests. Section 207 
makes the oil and gas conservation laws of the State of 
Oklahoma applicable to restricted property, requires 
Secretarial approval of Oklahoma Corporation Commission orders 
affecting restricted Indian property, and requires the 
Secretary to implement the Federal Oil and Gas Royalty 
Management Act with respect to leases currently supervised by 
the Secretary and with respect to all future leases approved by 
the Secretary.
    Section 208. Mortgages. Section 208 provides that 
Individual Indians may mortgage restricted property only under 
the authority of the Act of March 29, 1956 (25 U.S.C. 
Sec. 483a).

   title iii--probate, heirship determination, and other proceedings 
                 affecting title to restricted property

    Section 301. Actions Affecting Restricted Property. Section 
301 recognizes Secretarial authority over actions affecting 
title to trust or restricted property, and provides that State 
and federal court cases for the curing of title defects to 
restricted property may be filed only pursuant to the express 
authorization contained in section 303 of the bill and subject 
to the limitations of that section.
    Section 302. Heirship Determinations and Probates. Section 
302 confers on the Secretary exclusive jurisdiction to probate 
wills and determine heirs of deceased Individual Indians in 
cases involving individual trust property, restricted property, 
and trust funds in accordance with the Indian Land 
Consolidation Act and the Secretary's rules and regulations. 
The Oklahoma State district courts will retain jurisdiction 
over the decedent Individual Indian's non-restricted assets.
    Section 303. Actions to Cure Title Defects. Section 303 
provides that the Oklahoma State and federal courts will retain 
jurisdiction over actions to cure title defects in restricted 
property, subject to certain described exceptions.
    Section 304. Involuntary Partitions. Section 304 authorizes 
state and federal courts to exercise jurisdiction over 
involuntary partition actions, subject to all requirements and 
limitations of sections 304, 305, and 306 of the bill.
    Section 305. Requirements for Actions to Cure Title Defects 
and Involuntary Partitions. Section 305 contains requirements 
for State and federal court quiet title actions and involuntary 
partition actions involving restricted property.
    Section 306. Pending State Proceedings. Section 306 
authorizes the courts of the State of Oklahoma to continue to 
exercise federal instrumentality authority over heirship, 
probate, partition, and other actions involving restricted 
property pending on the effective date of the legislation, but 
allows the petitioner, personal representative, or State court 
to dismiss the action.

                        title IV--miscellaneous

    Section 401. Regulations. Section 401 authorizes the 
Secretary to promulgate regulations, but provides that failure 
to promulgate such regulations will not limit or delay the 
effect of the legislation.
    Section 402. Validation of Certain Transactions; Savings 
Clause. Section 402 establishes procedures for curing certain 
title defects, if all conditions and requirements of section 
402 have been met, and no notice of objection has been timely 
filed by the Secretary or by any other authorized person.
    Section 403. Repeals. Section 403 repeals various federal 
laws that have been revised by or would otherwise be 
inconsistent with the bill and contains technical amendments of 
other laws. Each of the laws listed in section 403 involves 
only the Five Nations and Individual Indians.
    Section 404. Secretarial Trust Responsibility. Section 404 
provides that nothing in the legislation shall be construed to 
waive, modify, or diminish in any way the trust responsibility 
of the United States over restricted property.
    Section 405. Representation by Attorneys for the Department 
of the Interior. Section 405 defines the authority of attorneys 
of the Department of the Interior related to representation of 
the Secretary and the protection of restricted property.
    Section 406. Filing Requirements; Constructive Notice. 
Section 406 contains requirements for the filing of Secretarial 
orders or other decisions concerning restricted property for 
purposes of giving constructive notice to the public. This 
section allows title examiners to rely on authenticated copies 
of the documents filed for the purpose of determining 
marketability of title to property.
    Section 407. Publication of Designated Officials. Section 
407 requires the Secretary to identify each designee for 
purposes of the receipt of notices or the performance of any 
Secretarial duty or function under the bill by publication of 
notice in the Federal Register.
    Section 408. Rule of Construction. Section 408 provides 
that the bill is not intended to limit or affect the rights of 
Individual Indians under other federal laws involving trust 
property acquisitions.
    Section 409. Effective Date. Section 409 provides that the 
legislation shall be effective on January 1, 2003.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 10, 2002.
Hon. James V. Hansen,
Chairman, Committee on the Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2880, the Five 
Nations Indian Land Reform Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2880--Five Nations Indian Land Reform Act

    Summary: H.R. 2880 would make various changes to the laws 
that regulate restricted land held by individual Indians of the 
Five Nations tribes in Oklahoma (Muscogee, Seminole, Cherokee, 
Chickasaw, and Choctaw). Restricted land generally refers to 
certain real property owned by individual Indians of those 
tribes that is encumbered by certain federal laws. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing the bill would cost $90 million over the 2003-2007 
period to pay for additional administrative costs of the 
Department of the Interior (DOI). Enacting H.R. 2880 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 2880 contains no intergovernmental mandates as defined 
in the Unfunded mandates Reform Act (UMRA). Enacting this 
legislation would involve some costs and some benefits for the 
state of Oklahoma and for local governments in the state, but 
these would not be caused by mandates. CBO cannot determine the 
net impact of the bill on these governments.
    H.R. 2880 would grant authority to the Secretary of the 
Interior to partition certain parcels of undivided property 
held in trust for individual Indians of the Five Nations who 
own interests in such property. In the event that the Secretary 
orders a partition without the consent of each of the property 
owners, H.R. 2880 would impose a private-sector mandate on 
those not favoring the partition. CBO estimates that the cost 
of the mandate would be well under the annual threshold 
established in UMRA ($115 million in 2002, adjusted annually 
for inflation). As part of the partition process, each owner 
would receive a parcel or some other form of compensation in 
proportion to his interest in the property.
    Major provisions: H.R. 2880 would make several changes to 
federal laws concerning restricted land held by individual 
Indians of the Five Nations. In particular, the bill would:
           Make all restricted property subject to 
        restrictions against alienation, conveyance, lease, 
        mortgage, or creation of liens regardless of the degree 
        of Indian blood of the individual Indian who owns the 
        property;
           Establish requirements enabling individual 
        Indians to use proceeds from the conveyance of 
        restricted property to purchase other property to be 
        held in restricted status;
           Grant the Secretary of the Interior 
        exclusive jurisdiction to approve conveyances, leases, 
        and voluntary partition in-kind of restricted property;
           Grant the Secretary of the Interior 
        exclusive jurisdiction to probate wills or determine 
        heirs of deceased individual Indians and to adjudicate 
        estate actions involving trust or restricted property 
        and securities; and
           Authorize the Secretary of the Interior to 
        administer certain oil and gas leases on restricted 
        lands held by individual Indians.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2880 is shown in the following table. 
The cost of this legislation falls within budget functions 450 
(community and regional development) and 300 (natural resources 
and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Additional Administrative Costs for Bureau of Indian Affairs:
    Estimated Authorization Level..................................        8        8        8        8        8
    Estimated Outlays..............................................        6        8        8        8        8
Additional Administrative Costs for Minerals Management Service and
 Bureau of Land Management:
    Estimated Authorization Level..................................       11       11       11       12       12
    Estimated Outlays..............................................        6       11       11       12       12
Total Changes:
    Estimated Authorization Level..................................       19       19       19       20       20
    Estimated Outlays..............................................       20       19       19       20       20
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: H.R. 2880 would make various changes to 
the laws that regulate restricted land held by individual 
Indians of the Muscogee, Seminole, Cherokee, Chickasaw, and 
Choctaw tribes in Oklahoma. CBO estimates that implementing the 
bill would cost $90 million over the 2003-2007 period for 
additional administrative costs to DOI, assuming the 
appropriation of the necessary amounts. For this estimate, CBO 
assumes that the bill will be enacted by the end of this fiscal 
year and that the necessary amounts will be appropriated for 
each year, beginning with 2003.

Bureau of Indian Affairs

    Based on information from the Bureau of Indian Affairs, CBO 
estimates that it would cost the agency $38 million over the 
2003-2007 period for additional salaries and expenses to 
establish and maintain individual Indian accounts managed by 
the federal government and to review and make determinations on 
the additional land transactions that would be under the 
exclusive jurisdiction of the Secretary of the Interior. Such 
costs would be subject to future appropriation action. Proceeds 
from the conveyance or condemnation of restricted Indian 
property that are held by the Secretary on behalf of individual 
Indians are not considered budgetary funds. Consequently, CBO 
estimates that any change in the amounts held in the individual 
Indian accounts as a result of implementing this bill would 
have no impact on the federal budget.

Oil and gas royalty management

    Under current law, the Secretary of the Interior is 
responsible for administering oil and gas leases on lands that 
are held in trust on behalf of Indian tribes. Section 207 of 
the bill would authorize the Secretary to administer certain 
oil and gas leases on restricted lands that are not held in 
trust. Based on information from DOI about the number of leases 
that would be added under the bill, we estimate that this 
provision would increase federal spending by $6 million in 2003 
and $52 million over the 2003-2007 period, mostly for increased 
costs to approve leases and audit royalty payments. Enacting 
the bill would not affect federal income from oil and gas 
leases.
    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments:
    H.R. 2880 contains no intergovernmental mandates as defined 
in UMRA. Enacting this legislation would involve some costs and 
some benefits for the state of Oklahoma and for local 
governments in the state, but these would not be caused by 
mandates. Specifically, the changes made by this bill could 
affect the amount of property in some Oklahoma counties that is 
exempt from local property taxes. Also, by removing 
jurisdiction over matters regarding restricted property from 
the Oklahoma courts, this bill probably would reduce the burden 
now borne by the state and by some of its counties. CBO does 
not have sufficient data to determine the impact of this bill 
on those governments. The bill would impose no costs on any 
other state, local, or tribal government.
    The changes made by this bill would affect the tax base of 
Oklahoma and some of its local governments because most of the 
restricted property addressed by the bill is exempt from state 
and local property taxes. We anticipate that, with no change in 
current law, the amount of property remaining in restricted 
status would decline over time. Enacting H.R. 2880 probably 
would slow this decline, and thus result in some loss of state 
and local tax receipts. Also, it would make it easier for 
Indians to replace restricted property in one county with 
restricted property in another county, so it could change the 
distribution of this property among the affected counties.
    H.R. 2880 would transfer jurisdiction for most matters 
concerning restricted property from state and local courts in 
Oklahoma to the federal government, and thus would shift some 
of the burden now borne by these state and local courts. As a 
result, the state and its counties could realize some savings, 
which would at least partially offset their losses.
    Estimated impact on the private sector: H.R. 2880 would 
grant authority to the Secretary of the Interior to partition 
certain parcels of undivided property held in trust for 
individual Indians of the Five Nations, who own interests in 
such property. Generally, a partition of this type, partition 
in kind, involves dividing the property into individual parcels 
and distributing those parcels to each interest owner in 
proportion to his share in the undivided property. As an 
alternative, H.R. 2880 would also authorize the Secretary to 
secure the appropriate deeds from all interest owners to sell 
all, or a portion of the property, and divide the proceeds from 
the sale proportionally among the interest owners.
    Under the bill, the Secretary would initiate the partition 
process at the request of at least one of the interest owners. 
Actual partition of the land would occur only after a period of 
negotiation between the Secretary and all interest owners, 
development of a partition plan,and then approval of the 
partition plan by over half of the interest owners. In the event that 
the Secretary orders a partition without the consent of each of the 
property owners, H.R. 2880 would impose a private-sector mandate on 
those not favoring the partition. CBO estimates that because of the 
small amount of land involved and the negotiation process required 
under the bill, the cost of the mandate would be small and well below 
the annual threshold established in UMRA ($115 million in 2002, 
adjusted annually for inflation). Although the bill may impose a 
mandate on certain interest owners, all of the owners involved in such 
a partition are likely to benefit as property values typically increase 
when undivided property interests are separated.
    Estimate prepared by: Federal Costs: Lanette J. Walker and 
Megan Carroll; Impact on State, Local, and Tribal Governments: 
Marjorie Miller; and Impact on the Private Sector; Lauren 
Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any local or tribal 
law. It does preempt the law of the State of Oklahoma regarding 
restricted property of Individual Indians of the Five Nations.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                         ACT OF AUGUST 11, 1955


                             (Chapter 716)

   AN ACT To extend the period of restrictions on lands belonging to 
    Indians of the Five Civilized Tribes in Oklahoma, and for other 
                               purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That 
subject to the provisions of section 2 of this Act, the period 
of restrictions against alienation, lease, mortgage, or other 
encumbrance of lands belonging to Indians of the Five Civilized 
Tribes in Oklahoma of one-half degree or more Indian blood, 
which period was extended to April 26, 1956, by the Act of May 
10, 1928 (45 Stat. 495), is hereby extended for the lives of 
the Indians who own such lands subject to such restrictions on 
the date of this Act.
  [Sec. 2. (a) Any Indian of the Five Civilized Tribes may 
apply to the Secretary of the Interior for an order removing 
restrictions. Within ninety days from the date of the 
application, the Secretary shall either issue the order or 
disapprove the application. The order shall be issued if in the 
judgment of the Secretary the applicant has sufficient ability, 
knowledge, experience, and judgment to enable him, or her, to 
manage his, or her, business affairs, including the 
administration, use, investment, and disposition of any 
property turned over to such person and the income or proceeds 
therefrom, with such reasonable degree of prudence and wisdom 
as will be apt to prevent him, or her, from losing such 
property or the benefits thereof.
  [(b) The Secretary of the Interior is authorized and directed 
to issue, without application, to any Indian of the Five 
Civilized Tribes, who in the judgment of the Secretary is able 
to manage his, or her, own affairs, in accordance with the 
standard specified in subsection (a) of this section, an order 
removing restrictions that will become effective six months 
after notice of the order is given to such Indian, unless it is 
set aside by a county court in accordance with proceedings 
initiated prior to such time pursuant to subsection (c) of this 
section. The timely initiation of such proceedings shall stay 
the effective date of an order until the proceedings are 
concluded. When the Secretary issues an order pursuant to this 
subsection, he shall notify the board of county commissioners 
for the county in which the Indian resides.
  [(c) If the Secretary of the Interior disapproves, or fails 
either to approve or disapprove, an application within the 
ninety-day period prescribed in subsection (a) of this section, 
the Indian affected may apply to the county court for the 
county in which he, or she, resides for an order removing 
restrictions. If the Secretary issues an order removing 
restrictions without application therefor in accordance with 
the provisions of subsection (b) of this section, either the 
Indian affected or the board of county commissioners may apply 
to the county court for the county in which the Indian resides 
for an order setting aside such order. The court shall set a 
hearing date not less than thirty days from the day it receives 
the application, and, under rules adopted by the court, notify 
the board of county commissioners, the welfare departments of 
the State and county governments, the local representative of 
the Commissioner of Indian Affairs, and any other persons the 
court considers appropriate. At the hearing the court shall 
examine the Indian and may require the persons who appear 
before the court to give testimony in the matter of the ability 
of the Indian to manage his, or her, own affairs. The Secretary 
of the Interior, and the attorney for the county in which such 
court is located, shall be given an opportunity to appear at 
such hearings and to participate in the examination of the 
Indian and other witnesses. The evidence taken at the hearing 
shall be transcribed and filed of record in the case. In 
determining capability, the court shall apply the standard 
specified in subsection (a) of this section with respect to 
determinations by the Secretary. If the court finds that the 
Indian is able to manage his, or her, own affairs, it shall 
issue an order removing restrictions or deny the application 
for an order to set aside an order of the Secretary issued 
without application therefor, as the case may be. If the court 
does not find that the Indian is able to manage his, or her, 
own affairs, it shall deny the application for an order 
removing restrictions, or set aside an order of the Secretary 
issued without application therefor, as the case may be. The 
court shall furnish to the Secretary and to the applicant one 
certified copy of any final order issued by it. Any final order 
of the court shall be subject to appeal by the applicant, by 
the Secretary, or by the board of county commissioners in 
accordance with the probate laws of the State of Oklahoma, 
except that no appeal bond shall be required in an appeal by 
the Secretary.
  [(d) When an order removing restrictions becomes effective, 
the Secretary shall cause to be turned over to the applicant 
full ownership and control of any money and property that is 
held in trust for him or that is held subject to a restriction 
against alienation imposed by the United States, issuing, in 
the case of land, such title document as may be appropriate: 
Provided, That the Secretary may make such provisions as he 
deems necessary to insure payment of money loaned to any such 
Indian by the Federal Government or by an Indian tribe: 
Provided further, That nothing herein contained shall abrogate 
the interest of any lessee or permittee in any lease, contract, 
or permit that is outstanding when an order removing 
restrictions becomes effective.
  [Sec. 3. Section 23 of the Act of April 26, 1906 (34 Stat. 
137), as amended by section 8 of the Act of May 27, 1908 (35 
Stat. 312), which expires on April 26, 1956, is continued in 
force with respect to the restricted properties of Indians of 
the Five Civilized Tribes as long as such properties remain 
restricted.
  [Sec. 4. Except as provided in section 2 of this Act, nothing 
in this Act shall be construed to repeal or to limit the 
application of the Act of August 4, 1947 (61 Stat. 731), the 
provisions of which shall continue in effect until otherwise 
provided by Congress.
  [Sec. 5. Any existing exemption from taxation that 
constitutes a vested property right shall continue in force and 
effect until it terminates by virtue of its own limitations.]
                              ----------                              


                         ACT OF AUGUST 4, 1947


                             (Chapter 458)

   AN ACT Relative to restrictions applicable to Indians of the Five 
         Civilized Tribes of Oklahoma, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That all 
restrictions upon all lands in Oklahoma belonging to members of 
the Five Civilized Tribes, whether acquired by allotment, 
inheritance, devise, gift, exchange, partition, or by purchase 
with restricted funds, of whatever degree of Indian blood, and 
whether enrolled or unenrolled, shall be, and are hereby, 
removed at and upon his or her death: Provided, (a) That except 
as provided in subdivision (f) of this section, no conveyance, 
including an oil and gas or mineral lease, of any interest in 
land acquired before or after the date of this Act by an Indian 
heir or devisee of one-half or more Indian blood, when such 
interest in land was restricted in the hands of the person from 
whom such Indian heir or devisee acquired same, shall be valid 
unless approved in open court by the county court of the county 
in Oklahoma in which the land is situated; (b) that petition 
for approval of conveyance shall be set for hearing not less 
than ten days from date of filing, and notice of hearing 
thereon, signed by the county judge, reciting the consideration 
offered and a description of the land shall be given by 
publication in at least one issue of a newspaper of general 
circulation in the county where the land is located and written 
notice of such hearing shall be given to the probate attorney 
of the district in which the petition is filed at least ten 
days prior to the date on which the petition is to be heard. 
The grantor shall be present at said hearing and examined in 
open court before such conveyance shall be approved, unless the 
grantor and the probate attorney shall consent in writing that 
such hearing may be had and such conveyance approved in the 
absence of the grantor, and the court must be satisfied that 
the consideration has been paid in full. Proceedings for 
approval of conveyances by restricted heirs or devisees under 
this section shall not be removable to the Federal court; (c) 
the evidence taken at the hearing shall be transcribed and 
filed of record in the case, the expense of which, including 
attorney fees and court costs, must be borne by the grantee. 
The court in its discretion, when deemed for the best interest 
of the Indian, may approve the conveyance conditionally, or may 
withhold approval; (d) that at said hearing competitive bidding 
may be had and a conveyance may be confirmed in the name of the 
person offering the highest bid therefor or when deemed 
necessary the court may set the petition for further hearing; 
(e) that the probate attorney shall have the right to appeal 
from any order approving conveyances to the district court of 
the county in which the proceedings are conducted within the 
time and in the manner provided by the laws of the State of 
Oklahoma in cases of appeal in probate matters generally, 
except that no appeal bond shall be required; (f) that sales of 
the interests of minor and incompetent persons shall be made in 
conformity with the laws of the State of Oklahoma. Notice of 
such sale shall be given to the probate attorney of the 
district in which the petition is filed at least ten days prior 
to the date on which the petition for sale is to be heard; (g) 
that nothing contained in this section shall be construed to 
modify or repeal the Act of February 11, 1936 (49 Stat. 1135), 
relating to leases for farming and grazing purposes.
  [Sec. 2. In determining the quantum of Indian blood of any 
Indian heir or devisee, the final rolls of the Five Civilized 
Tribes as to such heir or devisee, if enrolled, shall be 
conclusive of his or her quantum of Indian blood. If 
unenrolled, his or her degree of Indian blood shall be computed 
from the nearest enrolled paternal and maternal lineal 
ancestors of Indian blood enrolled on the final rolls of the 
Five Civilized Tribes.
  [Sec. 3. (a) The State courts of Oklahoma shall have 
exclusive jurisdiction of all guardianship matters affecting 
Indians of the Five Civilized Tribes, of all proceedings to 
administer estates or to probate the wills of deceased Indians 
of the Five Civilized Tribes, and of all actions to determine 
heirs arising under section 1 of the Act of June 14, 1918 (40 
Stat. 606).
  [(b) The United States shall not be deemed to be a necessary 
or indispensable party to any action or proceeding of which the 
State courts of Oklahoma are given exclusive jurisdiction by 
the provisions of subsection (a) of this section, and the final 
judgment rendered in any such action or proceeding shall bind 
the United States and the parties thereto to the same extent as 
though no Indian property or question were involved: Provided, 
That written notice of the pendency of any such action or 
proceeding shall be served on the Superintendent for the Five 
Civilized Tribes within ten days of the filing of the first 
pleading in said action or proceeding. Such notice shall be 
served by the party or parties causing the first pleading to be 
filed. Section 3 of the Act of April 12, 1926 (44 Stat. 239), 
shall have no application to actions or proceedings covered by 
the provisions of subsection (a) of this section.
  [(c) No action or proceeding in which notice has been served 
on the Superintendent for the Five Civilized Tribes pursuant to 
the provisions of section 3 of the Act of April 12, 1926 (44 
Stat. 239), shall be removed to a United States district court 
except upon the recommendation of the Secretary of the Interior 
or his duly authorized representative. The United States shall 
have the right to appeal from any order of remand entered in 
any case removed to a United States district court pursuant to 
the provisions of the Act of April 12, 1926 (44 Stat. 239).
  [(d) Nothing contained in this section shall be construed to 
limit any right of appeal.
  [Sec. 4. That the attorneys provided for under the Act of May 
27, 1908 (35 Stat. 312), are authorized to appear and represent 
any restricted member of the Five Civilized Tribes in Oklahoma 
before any of the courts of the State of Oklahoma in any matter 
in which the said restricted Indian may have an interest.
  [Sec. 5. That all funds and securities now held by, or which 
may hereafter come under the supervision of the Secretary of 
the Interior, belonging to and only so long as belonging to 
Indians of the Five Civilized Tribes in Oklahoma of one-half or 
more Indian blood, enrolled or unenrolled, are hereby declared 
to be restricted and shall remain subject to the jurisdiction 
of said Secretary until otherwise provided by Congress, subject 
to expenditure in the meantime for the use and benefit of the 
individual Indians to whom such funds and securities belong, 
under such rules and regulations as said Secretary may 
prescribe.]
  Sec. 6. (a) * * *

           *       *       *       *       *       *       *

  (c) Any interest in restricted and tax-exempt lands acquired 
by descent, devise, gift, exchange, partition, or purchase with 
restricted funds, after the date of this Act by an Indian of 
the Five Civilized Tribes of one-half or more Indian blood 
shall continue to be tax-exempt during the restricted period: 
Provided, That the tax-exempt lands of any such heir, devisee, 
donee, or grantee, whether acquired by allotment, descent, 
devise, gift, exchange, partition, or purchase with restricted 
funds, shall not exceed one hundred and sixty acres in the 
aggregate: Provided further, That nothing contained in this 
subsection shall be construed to terminate or abridge any right 
to tax exemption to which any Indian was entitled on the 
effective date of this Act: 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.

           *       *       *       *       *       *       *

  (e) [On or before the 1st day of January of each year the 
Secretary of the Interior shall cause to be filed with the 
county treasurer of each county in the State of Oklahoma where 
restricted lands of members of the Five Civilized Tribes are 
situated a list of the nontaxable lands that have been sold 
during the preceding year.] Before a county treasurer shall 
proceed to sell any restricted land for delinquent taxes, it 
must appear from the records of the office of the county 
treasurer that a list of the tracts included in the proposed 
sales of land for delinquent taxes in said county has been sent 
by registered mail to the Superintendent for the Five Civilized 
Tribes at Muskogee, Oklahoma, at least ninety days before the 
date fixed by the laws of the State of Oklahoma for sales of 
land for delinquent taxes.
  [Sec. 7. All removals of restrictions and approvals of deeds 
heretofore made by the Secretary of the Interior, regardless of 
whether applications were made therefor by the Indian owner, 
are hereby validated and confirmed.
  [Sec. 8. That no tract of land, nor any interest therein, 
which is hereafter purchased by the Secretary of the Interior 
with restricted funds by or for an Indian or Indians of the 
Five Civilized Tribes in Oklahoma of one-half or more Indian 
blood, enrolled or unenrolled, shall be construed to be 
restricted unless the deed conveying same shows upon its face 
that such purchase was made with restricted funds.
  [Sec. 9. That all conveyances, including oil and gas or 
mineral leases, by Indians of the Five Civilized Tribes in 
Oklahoma of lands acquired by inheritance or devise, made after 
the effective date of the Act of January 27, 1933, and prior to 
the effective date of this Act, that were approved either by a 
county court in Oklahoma or by the Secretary of the Interior 
are hereby validated and confirmed: Provided, That if any such 
conveyance is subject to attack upon grounds other than 
sufficiency of approval or lack of approval thereof, such 
conveyance shall not be affected by this Act.]

           *       *       *       *       *       *       *

  [Sec. 11. All restricted lands of the Five Civilized Tribes 
are hereby made subject to all oil and gas conservation laws of 
Oklahoma: Provided, That no order of the Corporation Commission 
affecting restricted Indian land shall be valid as to such land 
until submitted to and approved by the Secretary of the 
Interior or his duly authorized representative.
  [Sec. 12. Sections 1 and 8 of the Act of January 27, 1933 (47 
Stat. 777), are hereby repealed.
  [Sec. 13. All Acts and parts of Acts in conflict herewith are 
hereby repealed.]
                              ----------                              


                        ACT OF DECEMBER 24, 1942


                             (Chapter 813)

   AN ACT To provide for the probate and distribution of restricted 
 estates not exceeding $2,500 in value of deceased Indians of the Five 
                     Civilized Tribes in Oklahoma.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That 
exclusive jurisdiction is hereby conferred on the Secretary of 
the Interior to determine the heirs after notice and hearing 
under such rules and regulations as he may prescribe, and to 
probate the estate of any deceased restricted Indian, enrolled 
or unenrolled, of the Five Civilized Tribes of Oklahoma, 
whenever the restricted estate consists only of funds or 
securities under the control of the Department of the Interior 
of an aggregate value not exceeding $2,500: Provided, That 
where such decedent died prior to the effective date of this 
Act, the distribution of such funds and securities, including 
the decedent's share of any tribal funds, shall be made in 
accordance with the statute of descent and distribution 
applicable at the date of death: And provided further, That 
where the decedent dies subsequently to the effective date of 
this Act distribution of all such funds and securities, 
including tribal funds aforesaid, shall be effected in 
accordance with the statute of descent and distribution of the 
State of Oklahoma.]
                              ----------                              


                        ACT OF FEBRUARY 11, 1936


                              (Chapter 50)

AN ACT To provide for the leasing of restricted Indian lands of Indians 
               of the Five Civilized Tribes in Oklahoma.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That from 
and after thirty days from the date of approval of this Act the 
restricted lands belonging to Indians of the Five Civilized 
Tribes in Oklahoma of one-half or more Indian blood, enrolled 
or unenrolled, may be leased for periods of not to exceed five 
years for farming and grazing purposes, under such rules and 
regulations as the Secretary of the Interior may prescribe and 
not otherwise. Such leases shall be made by the owner or owners 
of such lands, if adults, subject to approval by the 
superintendent or other official in charge of the Five 
Civilized Tribes Agency, and by such superintendent or other 
official in charge of said agency in cases of minors and of 
Indians who are non compos mentis.]
                              ----------                              


                        ACT OF JANUARY 27, 1933


                              (Chapter 23)

   AN ACT Relative to restrictions applicable to Indians of the Five 
                     Civilized Tribes in Oklahoma.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
  [Sec. 2. The Secretary of the Interior be, and he is hereby, 
authorized to permit, in his discretion and subject to his 
approval, any Indian of the Five Civilized Tribes, over the age 
of twenty-one years, having restricted funds or other property 
subject to the supervision of the Secretary of the Interior, to 
create and establish, out of the restricted funds or other 
property, trusts for the benefits of such Indian, his heirs, or 
other beneficiaries designated by him, such trusts to be 
created by contracts or agreements by and between the Indian 
and incorporated trust companies or such banks as may be 
authorized by law to act as fiduciaries or trustees: Provided, 
That no trust company or bank shall be trustee in any trust 
created under this Act which has paid or promised to pay to any 
person other than an officer or employee on the regular pay 
roll thereof any charge, fee, commission, or remuneration for 
any service or influence in securing or attempting to secure 
for it the trusteeship in any trust: Provided further, That all 
trust agreements or contracts made or entered into prior to the 
date of approval of this Act, and all contracts or agreements 
made or entered into prior to said date providing for or 
looking to the creation of such trust or trusts shall be null 
and void unless such contracts or agreements shall have 
heretofore been approved by the Secretary of the Interior.
  [Sec. 3. The Secretary of the Interior be, and he is hereby, 
authorized, upon the execution and approval of any trust 
agreement or contract as herein provided, to transfer, or cause 
to be transferred, to the trustee, from the individual 
restricted or trust funds or other restricted property of the 
respective Indian, the funds or property required by the terms 
of the approved agreement, and the funds or property so 
transferred shall in each case be held by the trustee subject 
to the terms and conditions of the trust agreement or contract 
creating the trust, separate and apart from all assets, 
investments or trust estates in the hands of said trustee.
  [Sec. 4. None of the restrictions upon the funds or property 
transferred under the terms of any such trust agreement or 
contract shall be in any manner released during the continuance 
of the restriction period now or hereafter provided by law, 
except as provided by the terms of such agreement or contract, 
and neither the corpus of said trust nor the income derived 
therefrom shall, during the restriction period provided by law, 
be subject to alienation, or encumbrance, nor to the 
satisfaction of any debt or other liability of any beneficiary 
of such trust during the said restriction period. The trustee 
shall render an annual accounting to the Secretary of the 
Interior and to the beneficiary or beneficiaries to whom the 
income for the preceding year, or any part thereof, was due and 
payable.
  [Sec. 5. Trust agreements or contracts executed and approved 
as herein provided shall be irrevocable except with the consent 
and approval of the Secretary of the Interior: Provided, That 
if any trust, trust agreement, or contract be annulled, 
canceled, or set aside by order of any court, or otherwise, the 
principal or corpus of the trust estate, with all accrued and 
unpaid interest, shall be returned to the Secretary of the 
Interior as restricted individual Indian property.
  [Sec. 6. If, after the creation and approval of any trust, it 
is found that said trust was procured in violation of any of 
the provisions of this Act, or that the trustee designated 
therein has failed or refused to properly perform the duties 
imposed thereby, in accordance with the terms, provisions and 
requirements of said trust agreement, it shall be the duty of 
the Attorney General to institute appropriate proceedings in 
the Federal courts for the cancellation and annulment of said 
trust by court decree, and upon decree of annulment and 
cancellation, which shall be at the cost of the trustee, and 
after accounting, but without the allowance of any fee, charge, 
or commission for any services rendered by the trustee, all 
funds held by the trustee shall be paid to the Secretary of the 
Interior as restricted funds, and the Federal courts are hereby 
given exclusive jurisdiction of all actions involving an 
accounting under any trust created under the provisions of this 
Act, and all actions to cancel, annual, or set aside any trust 
entered into pursuant to this Act.
  [Sec. 7. The Secretary of the Interior is hereby authorized 
to prescribe such rules and regulations as he may deem 
necessary for the proper administration of this Act. He shall 
fix and determine the value of each trust, revising such 
valuation from time to time as he may deem necessary, and, for 
the faithful performance of each trust agreement or contract, 
shall require corporate surety company bond equal to the value 
of the respective trust so fixed and determined, or the deposit 
of securities of the United States Government equal to such 
amount: Provided, however, That trusts created under the 
provisions of this Act shall not extend beyond a period twenty-
one years after the death of the last survivor of the named 
beneficiaries in the respective trust agreement.]
                              ----------                              


                          ACT OF MAY 10, 1928


                             (Chapter 517)

  CHAP. 517.--An Act To extend the period of restriction in lands of 
 certain members of the Five Civilized Tribes, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That the 
restrictions against the alienation, lease, mortgage, or other 
encumbrance of the lands allotted to members of the Five 
Civilized Tribes in Oklahoma, enrolled as of one-half or more 
Indian blood, be, and they are hereby, extended for an 
additional period of twenty-five years commencing on April 26, 
1931: Provided, That the Secretary of the Interior shall have 
the authority to remove the restrictions, upon the applications 
of the Indian owners of the land, and may remove such 
restrictions, wholly or in part, under such rules and 
regulations concerning terms of sale and disposal of the 
proceeds for the benefit of the respective Indians as he may 
prescribe.
  [Sec. 2. That the provisions of section 9 of the Act of May 
27, 1908 (Thirty-fifth Statutes at Large, page 312), entitled 
``An Act for the removal of restrictions from part of the lands 
of allottees of the Five Civilized Tribes, and for other 
purposes,'' as amended by section 1 of the Act of April 12, 
1926 (Forty-fourth Statutes at Large, page 239), entitled ``An 
Act to amend section 9 of the Act of May 27, 1908 (Thirty-fifth 
Statutes at Large, page 312), and for putting in force, in 
reference to suits involving Indian titles, the statutes of 
limitations of the State of Oklahoma, and providing for the 
United States to join in certain actions, and for making 
judgments binding on all parties, and for other purposes,'' be, 
and are hereby, extended and continued in force for a period of 
twenty-five years from and including April 26, 1931, except, 
however, the provisions thereof which read as follows:
  ``Provided further, That if any member of the Five Civilized 
Tribes of one-half or more Indian blood shall die leaving issue 
surviving, born since March 4, 1906, the homestead of such 
deceased allottee shall remain inalienable, unless restrictions 
against alienation are removed therefrom by the Secretary of 
the Interior for the use and support of such issue, during 
their life or lives, until April 26, 1931; but if no such issue 
survive, then such allottee, if an adult, may dispose of his 
homestead by will free from restrictions; if this be not done, 
or in the event the issue hereinabove provided for die before 
April 26, 1931, the lands shall then descend to the heirs, 
according to the laws of descent and distribution of the State 
of Oklahoma, free from all restrictions: Provided, That the 
word ``issue,'' as used in this section, shall be construed to 
mean child or children: Provided further, That the provisions 
of section 23 of the Act of April 26, 1906, as amended by this 
Act, are hereby made applicable to all wills executed under 
this section:''
which quoted provisions be, and the same are, repealed, 
effective April 26, 1931: Provided further, That the provisions 
of section 23 of the Act of Congress approved April 26, 1906 
(Thirty-fourth Statutes at Large, page 137), as amended by the 
provisions of section 8 of the Act of Congress approved May 27, 
1908 (Thirty-fifth Statutes at Large, page 312), be, and the 
same are hereby, continued in force and effect until April 26, 
1956.]

           *       *       *       *       *       *       *

  [Sec. 4. That on and after April 26, 1931, the allotted, 
inherited, and devised restricted lands of each Indian of the 
Five Civilized Tribes in excess of one hundred and sixty acres 
shall be subject to taxation by the State of Oklahoma under and 
in accordance with the laws of that State, and in all respects 
as unrestricted and other lands: Provided, That the Indian 
owner of restricted land, if an adult and not legally 
incompetent, shall select from his restricted land a tract or 
tracts, not exceeding in the aggregate one hundred and sixty 
acres, to remain exempt from taxation, and shall file with the 
Superintendent of the Five Civilized Tribes a certificate 
designating and describing the tract or tracts so selected: 
Provided further, That in cases where such Indian fails, within 
two years from date hereof, to file such certificate, and in 
cases where the Indian owner is a minor or otherwise legally 
incompetent, the selection shall be made and certificate 
prepared by the Superintendent for the Five Civilized Tribes; 
and such certificate, whether by the Indian or by the 
Superintendent for the Five Civilized Tribes, shall be subject 
to approval by the Secretary of the Interior; and, when 
approved by the Secretary of the Interior, shall be recorded in 
the office of the Superintendent for the Five Civilized Tribes, 
and in the county records of the county in which the land is 
situated; and said lands, designated and described in the 
approved certificates so recorded, shall remain exempt from 
taxation while the title remains in the Indian designated in 
such approved and recorded certificate, or in any full-blood 
Indian heir or devisee of the land: Provided, That the tax 
exemption shall not extend beyond the period of restrictions 
provided for in this Act: And provided further, That the tax-
exempt land of any such Indian allottee, heir, or devisee shall 
not at any time exceed one hundred and sixty acres.
  [Sec. 5. That this Act shall not be construed to reimpose 
restrictions heretofore or hereafter removed by the Secretary 
of the Interior or by operation of law, nor to exempt from 
taxation any lands which are subject to taxation under existing 
law.]
                              ----------                              


                         ACT OF APRIL 12, 1926


                             (Chapter 115)

   CHAP. 115.--An Act To amend section 9 of the Act of May 27, 1908 
 (Thirty-fifth Statutes at Large, page 312), and for putting in force, 
    in reference to suits involving Indian titles, the statutes of 
  limitations of the State of Oklahoma, and providing for the United 
States to join in certain actions, and for making judgments binding on 
                  all parties, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That 
section 9 of the Act of May 27, 1908 (Thirty-fifth Statutes at 
Large, page 312), entitled ``An Act for the removal of 
restrictions on part of the lands of allottees of the Five 
Civilized Tribes, and for other purposes,'' be, and the same is 
hereby, amended to read as follows:
  [``Sec. 9. The death of any allottee of the Five Civilized 
Tribes shall operate to remove all restrictions upon the 
alienation of said allottee's land: Provided, That hereafter no 
conveyance by any full-blood Indian of the Five Civilized 
Tribes of any interest in lands restricted by section 1 of this 
Act acquired by inheritance or devise from an allottee of such 
lands shall be valid unless approved by the county court having 
jurisdiction of the settlement of the estate of the deceased 
allottee or testator: Provided further, That if any member of 
the Five Civilized Tribes of one-half or more Indian blood 
shall die leaving issue surviving, born since March 4, 1906, 
the homestead of such deceased allottee shall remain 
inalienable, unless restrictions against alienation are removed 
therefrom by the Secretary of the Interior for the use and 
support of such issue, during their life or lives, until April 
26, 1931; but if no such issue survive, then such allottee, if 
an adult, may dispose of his homestead by will free from 
restrictions; if this be not done, or in the event the issue 
hereinabove provided for die before April 26, 1931, the land 
shall then descend to the heirs, according to the laws of 
descent and distribution of the State of Oklahoma, free from 
all restrictions: Provided, That the word ``issue'' as used in 
this section shall be construed to mean child or children: 
Provided further, That the provisions of section 23 of the Act 
of April 26, 1906, as amended by this Act, are hereby made 
applicable to all wills executed under this section: And 
provided further, That all orders of the county court approving 
such conveyances of such land shall be in open court and shall 
be conclusive as to the jurisdiction of such court to approve 
such deed: Provided, That all conveyances by full-blood Indian 
heirs heretofore approved by the county courts shall be deemed 
and held to conclusively establish the jurisdiction of such 
courts to approve the same except where more than one such 
conveyance of the same interest in the same land has been made 
by the same Indian to different grantees and approved by county 
courts of different counties prior to the passage of this Act, 
and except that this proviso shall not affect and may not be 
pleaded in any suit brought before the approval of this Act.''
  [Sec. 2. The statutes of limitations of the State of Oklahoma 
are hereby made and declared to be applicable to and shall have 
full force and effect against all restricted Indians of the 
Five Civilized Tribes, and against the heirs or grantees of any 
such Indians, and against all rights and causes of action 
heretofore accrued or hereafter accruing to any such Indians or 
their heirs or grantees, to the same extent and effect and in 
the same manner as in the case of any other citizen of the 
State of Oklahoma, and may be pleaded in bar of any action 
brought by or on behalf of any such Indian, his or her heirs or 
grantees, either in his own behalf or by the Government of the 
United States, or by any other party for his or her benefit, to 
the same extent as though such action were brought by or on 
behalf of any other citizen of said State: Provided, That no 
cause of action which heretofore shall have accrued to any such 
Indian shall be barred prior to the expiration of a period of 
two years from and after the approval of this Act, even though 
the full statutory period of limitation shall already have run 
or shall expire during said two years' period, and any such 
restricted Indian, if competent to sue, or his guardian, or the 
United States in his behalf, may sue upon any such cause of 
action during such two years' period free from any bar of the 
statutes of limitations.
  [Sec. 3. Any one or more of the parties to a suit in the 
United States courts in the State of Oklahoma or in the State 
courts of Oklahoma to which a restricted member of the Five 
Civilized Tribes in Oklahoma, or the restricted heirs or 
grantees of such Indian are parties, as plaintiff, defendant, 
or intervenor, and claiming or entitled to claim title to or an 
interest in lands allotted to a citizen of the Five Civilized 
Tribes or the proceeds, issues, rents, and profits derived from 
the same, may serve written notice of the pendency of such suit 
upon the Superintendent for the Five Civilized Tribes, and the 
United States may appear in said cause within twenty days 
thereafter, or within such extended time as the trial court in 
its discretion may permit, and after such appearance or the 
expiration of said twenty days or any extension thereof the 
proceedings and judgment in said cause shall bind the United 
States and the parties thereto to the same extent as though no 
Indian land or question were involved. Duplicate original of 
the notice shall be filed with the clerk of the court in which 
the action is pending and the notice shall be served on the 
Superintendent for the Five Civilized Tribes or, in case of his 
absence from his principal office, upon one of his assistants, 
and shall be served within ten days after the general 
appearance in the case of the party who causes the notice to be 
issued. The notice shall be accompanied by a certified copy of 
all pleadings on file in the suit at the time of the filing of 
the duplicate original notice with the clerk and shall be 
signed by the party to the action or his or her counsel of 
record and shall be served by the United States marshal and due 
return of service made thereon, showing date of receipt and 
service of notice. If notice is not served within the time 
herein specified, or if return of service thereof be not made 
within the time allowed by law for the return of service of 
summons, alias notices may be given until service and return of 
notice is had and in no event shall the United States be bound 
unless written notice is had as herein specified: Provided, 
That within twenty days after the service of such notice on the 
Superintendent for the Five Civilized Tribes or within such 
extended time as the trial court in its discretion may permit 
the United States may be, and hereby is, given the right to 
remove any such suit pending in a State court to the United 
States district court by filing in such suit in the State court 
a petition for the removal of such suit into the said United 
States district court, to be held in the district where such 
suit is pending, together with the certified copy of the 
pleadings in such suit served on the Superintendent for the 
Five Civilized Tribes as hereinbefore provided. It shall then 
be the duty of the State court to accept such petition and 
proceed no further in said suit. The said copy shall be entered 
in the said district court of the United States within twenty 
days after the filing of the petition for removal and the 
defendants and intervenors in said suit shall within twenty 
days thereafter plead, answer, or demur to the declaration or 
complaint in said cause, and the cause shall then proceed in 
the same manner as if it had been originally commenced in said 
district court, and such court is hereby given jurisdiction to 
hear and determine said suit, and its judgment may be reviewed 
by certiorari, appeal, or writ of error in like manner as if 
the suit had been originally brought in said district court.]
                              ----------                              


                          ACT OF JUNE 14, 1918


                             (Chapter 101)

CHAP. 101.--An Act To provide for a determination of heirship in cases 
  of deceased members of the Cherokee, Choctaw, Chickasaw, Creek, and 
 Seminole Tribes of Indians in Oklahoma, conferring jurisdiction upon 
  district courts to partition lands belonging to full-blood heirs of 
    allottees of the Five Civilized Tribes, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That a 
determination of the question of fact as to who are the heirs 
of any deceased citizen allottee of the Five Civilized Tribes 
of Indians who may die or may have heretofore died, leaving 
restricted heirs, by the probate court of the State of Oklahoma 
having jurisdiction to settle the estate of said deceased, 
conducted in the manner provided by the laws of said State for 
the determination of heirship in closing up the estates of 
deceased persons, shall be conclusive of said question: 
Provided, That an appeal may be taken in the manner and to the 
court provided by law, in cases of appeal in probate matters 
generally: Provided further, That where the time limited by the 
laws of said State for the institution of administration 
proceedings has elapsed without their institution, as well as 
in cases where there exists no lawful ground for the 
institution of administration proceedings in said courts, a 
petition may be filed therein having for its object a 
determination of such heirship and the case shall proceed in 
all respects as if administration proceedings upon other proper 
grounds had been regularly begun, but this proviso shall not be 
construed to reopen the question of the determination of an 
heirship already ascertained by competent legal authority under 
existing laws: Provided further, That said petition shall be 
verified, and in all cases arising hereunder service by 
publication may be had on all unknown heirs, the service to be 
in accordance with the method of serving nonresident defendants 
in civil suits in the district courts of said State; and if any 
person so served by publication does not appear and move to be 
heard within six months from the date of the final order, he 
shall be concluded equally with parties personally served or 
voluntarily appearing.
  [Sec. 2. That the lands of full-blood members of any of the 
Five Civilized Tribes are hereby made subject to the laws of 
the State of Oklahoma, providing for the partition of real 
estate. Any land allotted in such proceedings to a full-blood 
Indian, or conveyed to him upon his election to take the same 
at the appraisement, shall remain subject to all restrictions 
upon alienation and taxation obtaining prior to such partition. 
In case of a sale under any decree, or partition, the 
conveyance thereunder shall operate to relieve the land 
described of all restrictions of every character.]
                              ----------                              


                          ACT OF MAY 27, 1908


                             (Chapter 199)

  CHAP. 199.--An Act For the removal of restrictions from part of the 
    lands of allottees of the Five Civilized Tribes, and for other 
                               purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That from 
and after sixty days from the date of this Act the status of 
the lands allotted heretofore or hereafter to allottees of the 
Five Civilized Tribes shall, as regards restrictions on 
alienation or incumbrance, be as follows: All lands, including 
homesteads, of said allottees enrolled as intermarried whites, 
as freedmen, and as mixed-blood Indians having less than half 
Indian blood including minors shall be free from all 
restrictions. All lands, except homesteads, of said allottees 
enrolled as mixed-blood Indians having half or more than half 
and less than three-quarters Indian blood shall be free from 
all restrictions. All homesteads of said allottees enrolled as 
mixed-blood Indians having half or more than half Indian blood, 
including minors of such degrees of blood, and all allotted 
lands of enrolled full-bloods, and enrolled mixed-bloods of 
three-quarters or more Indian blood, including minors of such 
degrees of blood, shall not be subject to alienation, contract 
to sell, power of attorney, or any other incumbrance prior to 
April twenty-sixth, nineteen hundred and thirty-one, except 
that the Secretary of the Interior may remove such 
restrictions, wholly or in part, under such rules and 
regulations concerning terms of sale and disposal of the 
proceeds for the benefit of the respective Indians as he may 
prescribe. The Secretary of the Interior shall not be 
prohibited by this Act from continuing to remove restrictions 
as heretofore, and nothing herein shall be construed to impose 
restrictions removed from land by or under any law prior to the 
passage of this Act. No restrictions of alienation shall be 
construed to prevent the exercise of the right of eminent 
domain in condemning rights of way for public purposes over 
allotted lands, and for such purposes sections thirteen to 
twenty-three inclusive, of an act entitled ``An act to grant 
the right of way through Oklahoma Territory and the Indian 
Territory to the Enid and Anadarko Railway Company, and for 
other purposes,'' approved February twenty-eighth, nineteen 
hundred and two (Thirty-second Statutes at Large, page forty-
three), are hereby continued in force in the State of Oklahoma.
  [Sec. 2. That all lands other than homesteads allotted to 
members of the Five Civilized Tribes from which restrictions 
have not been removed may be leased by the allottee if an 
adult, or by guardian or curator under order of the proper 
probate court if a minor or incompetent, for a period not to 
exceed five years, without the privilege of renewal: Provided, 
That leases of restricted lands for oil, gas or other mining 
purposes, leases of restricted homesteads for more than one 
year, and leases of restricted lands for periods of more than 
five years, may be made, with the approval of the Secretary of 
the Interior, under rules and regulations provided by the 
Secretary of the Interior, and not otherwise: And provided 
further, That the jurisdiction of the probate courts of the 
State of Oklahoma over lands of minors and incompetents shall 
be subject to the foregoing provisions, and the term minor or 
minors, as used in this Act, shall include all males under the 
age of twenty-one years and all females under the age of 
eighteen years.
  [Sec. 3. That the rolls of citizenship and of freedmen of the 
Five Civilized Tribes approved by the Secretary of the Interior 
shall be conclusive evidence as to the quantum of Indian blood 
of any enrolled citizen or freedman of said tribes and of no 
other persons to determine questions arising under this Act and 
the enrollment records of the Commissioner to the Five 
Civilized Tribes shall hereafter be conclusive evidence as to 
the age of said citizen or freedman.
  [That no oil, gas, or other mineral lease entered into by any 
of said allottees prior to the removal of restrictions 
requiring the approval of the Secretary of the Interior shall 
be rendered invalid by this Act, but the same shall be subject 
to the approval of the Secretary of the Interior as if this Act 
had not been passed: Provided, That the owner or owners of any 
allotted land from which restrictions are removed by this Act, 
or have been removed by previous Acts of Congress, or by the 
Secretary of the Interior, or may hereafter be removed under 
and by authority of any Act of Congress, shall have the power 
to cancel and annul any oil, gas, or mineral lease on said land 
whenever the owner or owners of said land and the owner or 
owners of the lease thereon agree in writing to terminate said 
lease and file with the Secretary of the Interior, or his 
designated agent, a true copy of the agreement in writing 
canceling said lease, which said agreement shall be executed 
and acknowledged by the parties thereto in the manner required 
by the laws of Oklahoma for the execution and acknowledgment of 
deeds, and the same shall be recorded in the county where the 
land is situate.]

           *       *       *       *       *       *       *

  [Sec. 6. That the persons and property of minor allottees of 
the Five Civilized Tribes shall, except as otherwise 
specifically provided by law, be subject to the jurisdiction of 
the probate courts of the State of Oklahoma. The Secretary of 
the Interior is hereby empowered, under rules and regulations 
to be prescribed by him, to appoint such local representatives 
within the State of Oklahoma who shall be citizens of that 
State or now domiciled therein as he may deem necessary to 
inquire into and investigate the conduct of guardians or 
curators having in charge the estates of such minors, and 
whenever such representative or representatives of the 
Secretary of the Interior shall be of opinion that the estate 
of any minor is not being properly cared for by the guardian or 
curator, or that the same is in any manner being dissipated or 
wasted or being permitted to deteriorate in value by reason of 
the negligence or carelessness or incompetency of the guardian 
or curator, said representative or representatives of the 
Secretary of the Interior shall have power and it shall be 
their duty to report said matter in full to the proper probate 
court and take the necessary steps to have such matter fully 
investigated, and go to the further extent of prosecuting any 
necessary remedy, either civil or criminal, or both, to 
preserve the property and protect the interests of said minor 
allottees; and it shall be the further duty of such 
representative or representatives to make full and complete 
reports to the Secretary of the Interior. All such reports, 
either to the Secretary of the Interior or to the proper 
probate court, shall become public records and subject to the 
inspection and examination of the public, and the necessary 
court fees shall be allowed against the estates of said minors. 
The probate courts may, in their discretion, appoint any such 
representative of the Secretary of the Interior as guardian or 
curator for such minors, without fee or charge.
  [And said representatives of the Secretary of the Interior 
are further authorized, and it is made their duty, to counsel 
and advise all allottees, adult or minor, having restricted 
lands of all of their legal rights with reference to their 
restricted lands, without charge, and to advise them in the 
preparation of all leases authorized by law to be made, and at 
the request of any allottee having restricted land he shall, 
without charge, except the necessary court and recording fees 
and expenses, if any, in the name of the allottee, take such 
steps as may be necessary, including the bringing of any suit 
or suits and the prosecution and appeal thereof, to cancel and 
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 Act of Congress, and to take 
all steps necessary to assist said allottees in acquiring and 
retaining possession of their restricted lands.
  [Supplemental to the funds appropriated and available for 
expenses connected with the affairs of the Five Civilized 
Tribes, there is hereby appropriated, for the salaries and 
expenses arising under this section, out of any funds in the 
Treasury not otherwise appropriated, the sum of ninety thousand 
dollars, to be available immediately, and until July first, 
nineteen hundred and nine, for expenditure under the direction 
of the Secretary of the Interior: Provided, That no restricted 
lands of living minors shall be sold or encumbered, except by 
leases authorized by law, by order of the court or otherwise.
  [And there is hereby further appropriated, out of any money 
in the Treasury not otherwise appropriated, to be immediately 
available and available until expended as the Attorney-General 
may direct, the sum of fifty thousand dollars, to be used in 
the payment of necessary expenses incident to any suits brought 
at the request of the Secretary of the Interior in the eastern 
judicial district of Oklahoma: Provided, That the sum of ten 
thousand dollars of the above amount, or so much thereof as may 
be necessary, may be expended in the prosecution of cases in 
the western judicial district of Oklahoma.
  [Any suit brought by the authority of the Secretary of the 
Interior against the vendee or mortgagee of a town lot, against 
whom the Secretary of the Interior may find upon investigation 
no fraud has been established, may be dismissed and the title 
quieted upon payment of the full balance due on the original 
appraisement of such lot: Provided, That such investigation 
must be concluded within six months after the passage of this 
Act.
  [Nothing in this act shall be construed as a denial of the 
right of the United States to take such steps as may be 
necessary, including the bringing of any suit and the 
prosecution and appeal thereof, to acquire or retain possession 
of restricted Indian lands, or to remove cloud therefrom, or 
clear title to the same, in cases where deeds, leases or 
contracts of any other kind or character whatsoever have been 
or shall be made contrary to law with respect to such lands 
prior to the removal therefrom of restrictions upon the 
alienation thereof; such suits to be brought on the 
recommendation of the Secretary of the Interior, without costs 
or charges to the allottees, the necessary expenses incurred in 
so doing to be defrayed from the money appropriated by this 
act.
  [Sec. 7. That no contest shall be instituted after sixty days 
from the date of the selection of any allotment hereafter made, 
nor after ninety days from the approval of this Act in case of 
selections made prior thereto by or for any allottee of the 
Five Civilized Tribes, and, as early thereafter as practicable, 
deed or patent shall issue therefor.
  [Sec. 8. That section twenty-three of an Act entitled ``An 
Act to provide for the final disposition of the affairs of the 
Five Civilized Tribes in the Indian Territory, and for other 
purposes,'' approved April twenty-sixth, nineteen hundred and 
six, is hereby amended by adding at the end of said section, 
the words ``or a judge of a county court of the State of 
Oklahoma.''
  [Sec. 9. The death of any allottee of the Five Civilized 
Tribes shall operate to remove all restrictions upon the 
alienation of said allottee's land: Provided, That hereafter no 
conveyance by any full-blood Indian of the Five Civilized 
Tribes of any interest in lands restricted by section 1 of this 
Act acquired by inheritance or devise from an allottee of such 
lands shall be valid unless approved by the county court having 
jurisdiction of the settlement of the estate of the deceased 
allottee or testator: Provided further, That if any member of 
the Five Civilized Tribes of one-half or more Indian blood 
shall die leaving issue surviving, born since March 4, 1906, 
the homestead of such deceased allottee shall remain 
inalienable, unless restrictions against alienation are removed 
therefrom by the Secretary of the Interior for the use and 
support of such issue, during their life or lives, until April 
26, 1931; but if no such issue survive, then such allottee, if 
an adult, may dispose of his homestead by will free from 
restrictions; if this be not done, or in the event the issue 
hereinabove provided for die before April 26, 1931, the land 
shall then descend to the heirs, according to the laws of 
descent and distribution of the State of Oklahoma, free from 
all restrictions: Provided, That the word ``issue'' as used in 
this section shall be construed to mean child or children: 
Provided further, That the provisions of section 23 of the Act 
of April 26, 1906, as amended by this Act, are hereby made 
applicable to all wills executed under this section: And 
provided further, That all orders of the county court approving 
such conveyances of such land shall be in open court and shall 
be conclusive as to the jurisdiction of such court to approve 
such deed: Provided, That all conveyances by full-blood Indian 
heirs heretofore approved by the county courts shall be deemed 
and held to conclusively establish the jurisdiction of such 
courts to approve the same except where more than one such 
conveyance of the same interest in the same land has been made 
by the same Indian to different grantees and approved by county 
courts of different counties prior to the passage of this Act, 
and except that this proviso shall not affect and may not be 
pleaded in any suit brought before the approval of this Act.
  [Sec. 10. That the Secretary of the Interior is hereby 
authorized and directed to pay out of any moneys in the 
Treasury of the United States, belonging to the Choctaw or 
Chickasaw nations respectively, any and all outstanding general 
and school warrants duly signed by the auditor of public 
accounts of the Choctaw and Chickasaw nations, and drawn on the 
national treasurers thereof prior to January first, nineteen 
hundred and seven, with six per cent interest per annum from 
the respective dates of said warrants: Provided, That said 
warrants be presented to the United States Indian agent at the 
Union Agency, Muskogee, Oklahoma, within sixty days from the 
passage of this act, together with the affidavits of the 
respective holders of said warrants that they purchased the 
same in good faith for a valuable consideration, and had no 
reason to suspect fraud in the issuance of said warrants: 
Provided further, That such warrants remaining in the hands of 
the original payee shall be paid by said Secretary when it is 
shown that the services for which said warrants were issued 
were actually performed by said payee.
  [Sec. 11. That all royalties arising on and after July first, 
nineteen hundred and eight, from mineral leases of allotted 
Seminole lands heretofore or hereafter made, which are subject 
to the supervision of the Secretary of the Interior, shall be 
paid to the United States Indian agent, Union Agency, for the 
benefit of the Indian lessor or his proper representative to 
whom such royalties shall thereafter belong; and no such lease 
shall be made after said date except with the allottee or owner 
of the land: Provided, That the interest of the Seminole Nation 
in leases or royalties arising thereunder on all allotted lands 
shall cease on June thirtieth, nineteen hundred and eight.
  [Sec. 12. That all records pertaining to the allotment of 
lands of the Five Civilized Tribes shall be finally deposited 
in the office of the United States Indian agent, Union Agency, 
when and as the Secretary of the Interior shall determine such 
action shall be taken, and there is hereby appropriated, out of 
any money in the Treasury not otherwise appropriated, to be 
immediately available as the Secretary of the Interior may 
direct, the sum of fifteen thousand dollars, or so much thereof 
as may be necessary to enable the Secretary of the Interior to 
furnish the various counties of the State of Oklahoma certified 
copies of such portions of said records as affect title to 
lands in the respective counties.]

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF APRIL 26, 1906


                             (Chapter 1876)

CHAP. 1876.--An Act To provide for the final disposition of the affairs 
  of the Five Civilized Tribes in the Indian Territory, and for other 
                               purposes.



           *       *       *       *       *       *       *
  [Sec. 6. That if the principal chief of the Choctaw, 
Cherokee, Creek, or Seminole tribe, or the governor of the 
Chickasaw tribe shall refuse or neglect to perform the duties 
devolving upon him, he may be removed from office by the 
President of the United States, or if any such executive become 
permanently disabled, the office may be declared vacant by the 
President of the United States, who may fill any vacancy 
arising from removal, disability or death of the incumbent, by 
appointment of a citizen by blood of the tribe.
  [If any such executive shall fail, refuse or neglect, for 
thirty days after notice that any instrument is ready for his 
signature, to appear at a place to be designated by the 
Secretary of the Interior and execute the same, such instrument 
may be approved by the Secretary of the Interior without such 
execution, and when so approved and recorded shall convey legal 
title, and such approval shall be conclusive evidence that such 
executive or chief refused or neglected after notice to execute 
such instrument.
  [Provided, That the principal chief of the Seminole Nation is 
hereby authorized to execute the deeds to allottees in the 
Seminole Nation prior to the time when the Seminole government 
shall cease to exist.]

           *       *       *       *       *       *       *

  [Sec. 11. That all revenues of whatever character accruing to 
the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes, 
whether before or after dissolution of the tribal governments, 
shall, after the approval hereof, be collected by an officer 
appointed by the Secretary of the Interior under rules and 
regulations to be prescribed by him; and he shall cause to be 
paid all lawful claims against said tribes which may have been 
contracted after July first, nineteen hundred and two, or for 
which warrants have been regularly issued, such payments to be 
made from any funds in the United States Treasury belonging to 
said tribes. All such claims arising before dissolution of the 
tribal governments shall be presented to the Secretary of the 
Interior within six months after such dissolution, and he shall 
make all rules and regulations necessary to carry this 
provision into effect and shall pay all expenses incident to 
the investigation of the validity of such claims or 
indebtedness out of the tribal funds: Provided, That all taxes 
accruing under tribal laws or regulations of the Secretary of 
the Interior shall be abolished from and after December thirty-
first, nineteen hundred and five, but this provision shall not 
prevent the collection after that date nor after dissolution of 
the tribal government of all such taxes due up to and including 
December thirty-first, nineteen hundred and five, and all such 
taxes levied and collected after the thirty-first day of 
December, nineteen hundred and five, shall be refunded.
  [Upon dissolution of the tribal governments, every officer, 
member, or representative of said tribes, respectively, having 
in his possession, custody, or control any money or other 
property of any tribe shall make full and true account and 
report thereof to the Secretary of the Interior, and shall pay 
all money of the tribe in his possession, custody, or control, 
and shall deliver all other tribal property so held by him, to 
the Secretary of the Interior, and if any person shall 
willfully and fraudulently fail to account for all such money 
and property so held by him, or to pay and deliver the same as 
herein provided for sixty days from dissolution of the tribal 
government, he shall be deemed guilty of embezzlement and upon 
conviction thereof shall be punished by a fine of not exceeding 
five thousand dollars or by imprisonment not exceeding five 
years, or by both such fine and imprisonment, according to the 
laws of the United States relating to such offense, and shall 
be liable in civil proceedings to be prosecuted in behalf of 
and in the name of the tribe for the amount or value of the 
money or property so withheld.]

           *       *       *       *       *       *       *

  [Sec. 15. The Secretary of the Interior shall take possession 
of all buildings now or heretofore used for governmental, 
school, and other tribal purposes, together with the furniture 
therein and the land appertaining thereto, and appraise and 
sell the same at such time and under such rules and regulations 
as he may prescribe, and deposit the proceeds, less expenses 
incident to the appraisement and sale, in the Treasury of the 
United States to the credit of the respective tribes: Provided, 
That in the event said lands are embraced within the 
geographical limits of a State or Territory of the United 
States such State or Territory or any county or municipality 
therein shall be allowed one year from date of establishment of 
said State or Territory within which to purchase any such lands 
and improvements within their respective limits at not less 
than the appraised value. Conveyances of lands disposed of 
under this section shall be executed, recorded, and delivered 
in like manner and with like effect as herein provided for 
other conveyances.]

           *       *       *       *       *       *       *

  [Sec. 18. That the Secretary of the Interior is hereby 
authorized to bring suit in the name of the United States, for 
the use of the Choctaw, Chickasaw, Cherokee, Creek, or Seminole 
tribes, respectively, either before or after the dissolution of 
the tribal governments, for the collection of any moneys or 
recovery of any land claimed by any of said tribes, whether 
such claim shall arise prior to or after the dissolution of the 
tribal governments, and the United States courts in Indian 
Territory are hereby given jurisdiction to try and determine 
all such suits, and the Secretary of the Interior is authorized 
to pay from the funds of the tribe interested any costs and 
necessary expenses incurred in maintaining and prosecuting such 
suits: Provided, That proceedings to which any of said tribes 
is a party pending before any court or tribunal at the date of 
dissolution of the tribal governments shall not be thereby 
abated or in anywise affected, but shall proceed to final 
disposition.
  [Where suit is now pending, or may hereafter be filed in any 
United States court in the Indian Territory, by or on behalf of 
any one or more of the Five Civilized Tribes to recover moneys 
claimed to be due and owing to such tribe, the party defendants 
to such suit shall have the right to set up and have 
adjudicated any claim it may have against such tribe; and any 
balance that may be found due by any tribe or tribes shall be 
paid by the Treasurer of the United States out of any funds of 
such tribe or tribes upon the filing of the decree of the court 
with him.]

           *       *       *       *       *       *       *

  [Sec. 20. That after the approval of this Act all leases and 
rental contracts, except leases and rental contracts for not 
exceeding one year for agricultural purposes for lands other 
than homesteads, of full-blood allottees of the Choctaw, 
Chickasaw, Cherokee, Creek, and Seminole tribes shall be in 
writing and subject to approval by the Secretary of the 
Interior and shall be absolutely void and of no effect without 
such approval: Provided, That allotments of minors and 
incompetents may be rented or leased under order of the proper 
court: Provided further, That all leases entered into for a 
period of more than one year shall be recorded in conformity to 
the law applicable to recording instruments now in force in 
said Indian Territory.]

           *       *       *       *       *       *       *

  [Sec. 23. Every person of lawful age and sound mind may by 
last will and testament devise and bequeath all of his estate, 
real and personal, and all interest therein: Provided, That no 
will of a full-blood Indian devising real estate shall be 
valid, if such last will and testament disinherits the parent, 
wife, spouse, or children of such full-blood Indian, unless 
acknowledged before and approved by a judge of the United 
States court for the Indian Territory, or a United States 
commissioner.]

           *       *       *       *       *       *       *

  Sec. 28. That the tribal existence and present tribal 
governments of the Choctaw, Chickasaw, Cherokee, Creek, and 
Seminole tribes or nations are hereby continued in full force 
and effect for all purposes authorized by law, until otherwise 
provided by law, but the tribal council or legislature in any 
of said tribes or nations shall not be in session for a longer 
period than thirty days in any one year[: Provided, That no 
act, ordinance, or resolution (except resolutions of 
adjournment) of the tribal council or legislature of any of 
said tribes or nations shall be of any validity until approved 
by the President of the United States: Provided further]: 
Provided, That no contract involving the payment or expenditure 
of any money or affecting any property belonging to any of said 
tribes or nations made by them or any of them or by any officer 
thereof, shall be of any validity until approved by the 
President of the United States.

           *       *       *       *       *       *       *

                              ----------                              


                           ACT OF MAY 7, 1970


                          (Public Law 91-240)

 AN ACT To provide for disposition of estates of intestate members of 
  the Cherokee, Chickasaw, Choctaw, and Seminole Nations of Oklahoma 
                          dying without heirs.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That upon 
the final determination of a court having jurisdiction or by 
decision of the Secretary of the Interior after a period of 
five years from the death of the decedent, it is determined 
that a member of the Cherokee, Creek, Chickasaw, Choctaw, or 
Seminole Nations or Tribes of Oklahoma or a person of the blood 
of said tribes has died intestate without heirs, owning trust 
or restricted Indian lands in Oklahoma or an interest therein 
or rents or profits therefrom, such lands, interests, or 
profits shall escheat to the Nation or tribe from which title 
to the trust or restricted Indian lands or interest therein was 
[derived and shall] 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 be held 
thereafter in trust by the United States for said nation or 
tribe.
                              ----------                              


                        ACT OF OCTOBER 22, 1970


                          (Public Law 91-495)

 AN ACT To authorize each of the Five Civilized Tribes of Oklahoma to 
   popularly select their principal officer, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, 
notwithstanding any other provisions of law, the principal 
chiefs of the Cherokee, Choctaw, Creek, and Seminole Tribes of 
Oklahoma and the governor of the Chickasaw Tribe of Oklahoma 
shall be popularly selected by the respective tribes in 
accordance with procedures established by the officially 
recognized tribal spokesman and or governing entity. [Such 
established procedures shall be subject to approval by the 
Secretary of the Interior.]

           *       *       *       *       *       *       *


                                
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