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109TH CONGRESS

2D SESSION S. 3526

AN ACT

To amend the Indian Land Consolidation Act to modify

certain requirements under that Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Indian Land Consoli5 dation Act Amendments of 2006’’.
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1 SEC. 2. DEFINITIONS.

2 Section 202 of the Indian Land Consolidation Act

3 (25 U.S.C. 2201) is amended—

4 (1) in paragraph (4)—

5 (A) by inserting ‘‘(i)’’ after ‘‘(4)’’;

6 (B) by striking ‘‘ ‘trust or restricted inter7 est in land’ or’’ and inserting the following:

8 ‘‘(ii) ‘trust or restricted interest in land’ or’’;

9 and

10 (C) in clause (ii) (as designated by sub11 paragraph (B)), by striking ‘‘an interest in

12 land, title to which’’ and inserting ‘‘an interest

13 in land, the title to which interest’’; and

14 (2) by striking paragraph (7) and inserting the

15 following:

16 ‘‘(7) the term ‘land’—

17 ‘‘(A) means any real property; and

18 ‘‘(B) includes, for purposes of intestate

19 succession only under section 207(a) and only

20 with respect to any decedent who dies after

21 July 20, 2007, the interest of the decedent in

22 any improvements permanently affixed to a par23 cel of trust or restricted lands (subject to any

24 valid mortgage or other interest in such an im25 provement) that was owned in whole or in part
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1 by the decedent immediately prior to the death

2 of the decedent;’’.

3 SEC. 3. DESCENT AND DISTRIBUTION.

4 Section 207 of the Indian Land Consolidation Act

5 (25 U.S.C. 2206) is amended—

6 (1) in subsection (a)(2)(D)—

7 (A) in clause (i), by striking ‘‘clauses (ii)

8 through (iv)’’ and inserting ‘‘clauses (ii)

9 through (v)’’; and

10 (B) by striking clause (v) and inserting the

11 following:

12 ‘‘(v) EFFECT OF SUBPARAGRAPH.—

13 Nothing in this subparagraph limits the

14 right of any person to devise any trust or

15 restricted interest pursuant to a valid will

16 in accordance with subsection (b).’’;

17 (2) in subsection (c)(2), by striking ‘‘the date

18 that is’’ and all that follows through the period at

19 the end and inserting the following: ‘‘July 21,

20 2007.’’; and

21 (3) in subsection (o)—

22 (A) in paragraph (3)—

23 (i) by redesignating subparagraphs

24 (A) and (B) as clauses (i) and (ii) and in25 denting the clauses appropriately; and
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1 (ii) by striking ‘‘(3)’’ and all that fol2 lows through ‘‘No sale’’ and inserting the

3 following:

4 ‘‘(3) REQUEST TO PURCHASE; CONSENT RE5 QUIREMENTS; MULTIPLE REQUESTS TO PUR6 CHASE.—

7 ‘‘(A) IN GENERAL.—No sale’’; and

8 (iii) by striking the last sentence and

9 inserting the following:

10 ‘‘(B) MULTIPLE REQUESTS TO PUR11 CHASE.—Except for interests purchased pursu12 ant to paragraph (5), if the Secretary receives

13 a request with respect to an interest from more

14 than 1 eligible purchaser under paragraph (2),

15 the Secretary shall sell the interest to the eligi16 ble purchaser that is selected by the applicable

17 heir, devisee, or surviving spouse.’’;

18 (B) in paragraph (4)—

19 (i) in subparagraph (A), by adding

20 ‘‘and’’ at the end;

21 (ii) in subparagraph (B), by striking

22 ‘‘; and’’ and inserting a period; and

23 (iii) by striking subparagraph (C);

24 and

25 (C) in paragraph (5)—
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1 (i) in subparagraph (A)—

2 (I) in the matter preceding clause

3 (i), by striking ‘‘auction and’’;

4 (II) in clause (i), by striking

5 ‘‘and’’ at the end;

6 (III) in clause (ii)—

7 (aa) by striking ‘‘auction’’

8 and inserting ‘‘sale’’;

9 (bb) by striking ‘‘the inter10 est passing to such heir rep11 resents’’ and inserting ‘‘, at the

12 time of death of the applicable

13 decedent, the interest of the dece14 dent in the land represented’’;

15 and

16 (cc) by striking the period at

17 the end and inserting ‘‘; and’’;

18 and

19 (IV) by adding at the end the fol20 lowing:

21 ‘‘(iii)(I) the Secretary is purchasing

22 the interest as part of the program author23 ized under section 213(a)(1); or

24 ‘‘(II) after receiving a notice under

25 paragraph (4)(B), the Indian tribe with ju-
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1 risdiction over the interest is proposing to

2 purchase the interest from an heir who is

3 not a member, and is not eligible to be4 come a member, of that Indian tribe.’’;

5 (ii) in subparagraph (B)—

6 (I) by striking ‘‘(B)’’ and all that

7 follows through ‘‘such heir’’ and in8 serting the following:

9 ‘‘(B) EXCEPTION; NONAPPLICABILITY TO

10 CERTAIN INTERESTS.—

11 ‘‘(i) EXCEPTION.—Notwithstanding

12 subparagraph (A), the consent of the heir

13 or surviving spouse’’;

14 (II) in clause (i), by inserting ‘‘or

15 surviving spouse’’ before ‘‘was resid16 ing’’; and

17 (III) by adding at the end the

18 following:

19 ‘‘(ii) NONAPPLICABILITY TO CERTAIN

20 INTERESTS.—Subparagraph (A) shall not

21 apply to any interest in the estate of a de22 cedent who dies on or before July 20, 2007

23 (or the last day of any applicable period of

24 extension authorized by the Secretary

25 under subparagraph (C)).’’; and
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1 (iii) by adding at the end the fol2 lowing:

3 ‘‘(C) AUTHORITY TO EXTEND PERIOD OF

4 NONAPPLICABILITY.—The Secretary may ex5 tend the period of nonapplicability under sub6 paragraph (B)(ii) for not longer than 1 year if,

7 by not later than July 2, 2007, the Secretary

8 publishes in the Federal Register a notice of the

9 extension.’’.

Passed the Senate September 30 (legislative day,

September 29), 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 3526

AN ACT

To amend the Indian Land Consolidation Act to

modify certain requirements under that Act.