`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3526 Reported in Senate (RS)]







                                                       Calendar No. 536
109th CONGRESS
  2d Session
                                S. 3526

                          [Report No. 109-294]

     To amend the Indian Land Consolidation Act to modify certain 
                      requirements under that Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2006

  Mr. McCain introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

                             July 26, 2006

               Reported by Mr. McCain, without amendment

_______________________________________________________________________

                                 A BILL


 
     To amend the Indian Land Consolidation Act to modify certain 
                      requirements under that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Land Consolidation Act 
Amendments of 2006''.

SEC. 2. DEFINITIONS.

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

SEC. 3. DESCENT AND DISTRIBUTION.

    Section 207 of the Indian Land Consolidation Act (25 U.S.C. 2206) 
is amended--
            (1) in subsection (a)(2)(D)--
                    (A) in clause (i), by striking ``clauses (ii) 
                through (iv)'' and inserting ``clauses (ii) through 
                (v)''; and
                    (B) by striking clause (v) and inserting the 
                following:
                            ``(v) Effect of paragraph; nonapplicability 
                        to certain interests.--Nothing in this 
                        paragraph--
                                    ``(I) limits the right of any 
                                person to devise any trust or 
                                restricted interest pursuant to a valid 
                                will in accordance with subsection (b); 
                                or
                                    ``(II) applies to any interest in 
                                the estate of a decedent who died 
                                during the period beginning on the date 
                                of enactment of this subclause and 
                                ending on July 20, 2007 (or the last 
                                day of any applicable period of 
                                extension authorized by the Secretary 
                                under clause (vi)).
                            ``(vi) Authority to extend period of 
                        nonapplicability.--The Secretary may extend the 
                        period of nonapplicability under clause (v)(II) 
                        for not longer than 1 year if, by not later 
                        than July 2, 2007, the Secretary publishes in 
                        the Federal Register a notice of the 
                        extension.'';
            (2) in subsection (c)(2), by striking ``the date that is'' 
        and all that follows through the period at the end and 
        inserting the following: ``July 21, 2007.''; and
            (3) in subsection (o)--
                    (A) in paragraph (3)--
                            (i) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii) and indenting the 
                        clauses appropriately; and
                            (ii) by striking ``(3)'' and all that 
                        follows through ``No sale'' and inserting the 
                        following:
            ``(3) Request to purchase; consent requirements; multiple 
        requests to purchase.--
                    ``(A) In general.--No sale''; and
                            (iii) by striking the last sentence and 
                        inserting the following:
                    ``(B) Multiple requests to purchase.--Except for 
                interests purchased pursuant to paragraph (5), if the 
                Secretary receives a request with respect to an 
                interest from more than 1 eligible purchaser under 
                paragraph (2), the Secretary shall sell the interest to 
                the eligible purchaser that is selected by the 
                applicable heir, devisee, or surviving spouse.'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by adding ``and'' 
                        at the end;
                            (ii) in subparagraph (B), by striking ``; 
                        and'' and inserting a period; and
                            (iii) by striking subparagraph (C); and
                    (C) in paragraph (5)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``auction and'';
                                    (II) in clause (i), by striking 
                                ``and'' at the end;
                                    (III) in clause (ii)--
                                            (aa) by striking 
                                        ``auction'' and inserting 
                                        ``sale'';
                                            (bb) by striking ``the 
                                        interest passing to such heir 
                                        represents'' and inserting ``, 
                                        at the time of death of the 
                                        applicable decedent, the 
                                        interest of the decedent in the 
                                        land represented''; and
                                            (cc) by striking the period 
                                        at the end and inserting ``; 
                                        and''; and
                                    (IV) by adding at the end the 
                                following:
                            ``(iii)(I) the Secretary is purchasing the 
                        interest as part of the program authorized 
                        under section 213(a)(1); or
                            ``(II) after receiving a notice under 
                        paragraph (4)(B), the Indian tribe with 
                        jurisdiction over the interest is proposing to 
                        purchase the interest from an heir that is not 
                        a member, and is not eligible to become a 
                        member, of that Indian tribe.'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(B)'' and all 
                                that follows through ``such heir'' and 
                                inserting the following:
                    ``(B) Exception; nonapplicability to certain 
                interests.--
                            ``(i) Exception.--Notwithstanding 
                        subparagraph (A), the consent of the heir or 
                        surviving spouse'';
                                    (II) in clause (i), by inserting 
                                ``or surviving spouse'' before ``was 
                                residing''; and
                                    (III) by adding at the end the 
                                following:
                            ``(ii) Nonapplicability to certain 
                        interests.--Subparagraph (A) shall not apply to 
                        any interest in the estate of a decedent who 
                        dies on or before July 20, 2007 (or the last 
                        day of any applicable period of extension 
                        authorized by the Secretary under subparagraph 
                        (C)).''; and
                            (iii) by adding at the end the following:
                    ``(C) Authority to extend period of 
                nonapplicability.--The Secretary may extend the period 
                of nonapplicability under subparagraph (B)(ii) for not 
                longer than 1 year if, by not later than July 2, 2007, 
                the Secretary publishes in the Federal Register a 
                notice of the extension.''.
                                                       Calendar No. 536

109th CONGRESS

  2d Session

                                S. 3526

                          [Report No. 109-294]

_______________________________________________________________________

                                 A BILL

     To amend the Indian Land Consolidation Act to modify certain 
                      requirements under that Act.

_______________________________________________________________________

                             July 26, 2006

                       Reported without amendment`