PUBLIC LAW 115–399—DEC. 31, 2018 132 STAT. 5331 

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 

25 USC 355 note. 

Stigler Act 

Amendments 

of 2018. 

25 USC 331 note. 

Dec. 31, 2018 

[H.R. 2606] 

132 STAT. 5332 PUBLIC LAW 115–399—DEC. 31, 2018 

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: 

25 USC 355 note. 

25 USC 355 note. 

PUBLIC LAW 115–399—DEC. 31, 2018 132 STAT. 5333 

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. 

Æ 

(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. 

25 USC 355 note.