    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-399
    115th Congress

    An Act

    To amend the Act of August 4, 1947 (commonly known as the Stigler Act),
    with respect 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, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stigler Act Amendments of 2018''.
    SEC. 2. <>  IN GENERAL.

    The first section of the Act of August 4, 1947 (61 Stat. 731,
    chapter 458), is amended--
    (1) in the matter before subsection (a), by striking ``That
    all restrictions'' and all that follows through subsection (a)
    and inserting the following:

    ``Sec. 1. (a) All restrictions against alienation, conveyance,
    lease, mortgage, creation of liens, or other encumbrances upon all
    lands, including oil and gas or other mineral interests, in Oklahoma
    belonging to a lineal descendant by blood of an original enrollee whose
    name appears on the Final Indian Rolls of the Five Civilized Tribes in
    Indian Territory, whether acquired by allotment, inheritance, devise,
    gift, purchase, exchange, partition, partition sale, or by purchase with
    restricted funds, of whatever degree of Indian blood, and whether
    enrolled or unenrolled, shall be and are hereby, extended until an Act
    of Congress determines otherwise.
    ``(b) The extension of restrictions described in subsection (a)
    shall include without limitation, those interests in the estate of a
    decedent Indian who died before the date of enactment of the Stigler Act
    Amendments of 2018--
    ``(1) if such interests were acquired by an heir or devisee
    of one-half or more degree of Indian blood, as computed from the
    nearest enrolled lineal ancestors of Indian blood enrolled on
    the Final Rolls described in subsection (a), by final order
    issued by an Oklahoma district court or a United States district
    court determining the decedent's heirs or devisees or otherwise
    determining the ownership of said interests before said date; or
    ``(2) if such interests were, immediately prior to the
    decedent's death, subject to restrictions and had not, as of the
    date of enactment of the Stigler Act Amendments of 2018, been--
    ``(A) the subject of a final order issued by an
    Oklahoma district court or a United States district
    court determining

    [[Page 5332]]

    the decedent's heirs or devisees or otherwise
    determining the ownership of said interests;
    ``(B) conveyed by the decedent's undetermined heirs
    or devisees by deed approved by an Oklahoma district
    court; or
    ``(C) conveyed by the decedent's undetermined heirs
    or devisees of less than one-half degree of Indian blood
    with or without Oklahoma district court approval.

    ``Sec. 2. (a) Except as provided in subsection (f), subsection (g),
    subsection (h), and subsection (i), no conveyance, including an oil and
    gas or mineral lease, of any interest in the restricted lands described
    in this section shall be valid unless approved in open court by the
    district court of the county in Oklahoma in which the land is
    situated;'';
    (2) in subsection (b)--
    (A) by striking ``county judge'' and inserting
    ``district judge''; and
    (B) by striking ``Proceedings for approval of
    conveyances by restricted heirs or devisees'' and
    inserting ``Proceedings for approval of conveyances'';
    (3) in subsection (c), by striking ``best interest of the
    Indian'' and inserting ``best interest of the grantor''; and
    (4) by adding before the period at the end the following:
    ``; (h) nothing contained in this section shall limit or affect
    the right of an Indian owner of restricted lands described in
    this Act to seek and obtain Secretarial removal of restrictions
    on all or any portion of said restricted lands in accordance
    with any applicable Federal law; (i) nothing contained in this
    section shall invalidate the alienation, conveyance, lease,
    including oil and gas or other mineral leases, mortgage,
    creation of liens, or other encumbrance of any lands, if such
    action was effective before the date of enactment of the Stigler
    Act Amendments of 2018 and valid under the law then in effect;
    and (j) in determining the quantum of Indian blood of any Indian
    heir or devisee, the Final Indian Rolls of the Five Civilized
    Tribes in Indian Territory 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 lineal ancestors of Indian
    blood enrolled on the Final Indian Rolls of the Five Civilized
    Tribes in Indian Territory''.
    SEC. 3. <>  TECHNICAL AMENDMENTS.

    The Act of August 4, 1947 (61 Stat. 731, chapter 458), is amended--
    (1) in section 5, by striking ``of one-half or more Indian
    blood,'';
    (2) in section 6(c)--
    (A) by inserting ``purchase, partition sale,'' after
    ``gift,'' each place it appears; and
    (B) by striking ``of one-half or more Indian
    blood''; and
    (3) in section 8, by striking ``of one-half or more Indian
    blood,''.
    SEC. 4. <>  REPEALS.

    The following are repealed:

    [[Page 5333]]

    (1) The first section of the Act of August 11, 1955 (69
    Stat. 666, chapter 768).
    (2) Section 2 of the Act of August 4, 1947 (61 Stat. 731,
    chapter 458).
    SEC. 5. <>  RULE OF CONSTRUCTION PROVIDING
    FOR NO RETROACTIVITY.

    Nothing in this Act, or the amendments made by this Act, shall be
    construed to revise or extend the restricted status of any lands under
    the Act of August 4, 1947 (61 Stat. 731, chapter 458) that lost
    restricted status under such Act before the date of enactment of this
    Act.

    Approved December 31, 2018.

    LEGISLATIVE HISTORY--H.R. 2606:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-902 (Comm. on Natural Resources).
    SENATE REPORTS: No. 115-398 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Sept. 12, considered and passed House.
    Dec. 13, considered and passed Senate, amended.
    Dec. 19, 20, House considered and concurred in Senate
    amendments.