II 

109TH CONGRESS 

2D SESSION S. 3526 

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 

A BILL 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 202 of the Indian Land Consolidation Act 

8 (25 U.S.C. 2201) is amended— 

9 (1) in paragraph (4)— 

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


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1 (B) by striking ‘‘ ‘trust or restricted inter2 est in land’ or’’ and inserting the following: 

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

4 and 

5 (C) in clause (ii) (as designated by sub6 paragraph (B)), by striking ‘‘an interest in 

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

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

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

10 following: 

11 ‘‘(7) the term ‘land’— 

12 ‘‘(A) means any real property; and 

13 ‘‘(B) for purposes of intestate succession 

14 only under section 207(a), includes, with re15 spect to any decedent who dies after July 20, 

16 2007, the interest of the decedent in any im17 provements permanently affixed to a parcel of 

18 trust or restricted lands (subject to any valid 

19 mortgage or other interest in such an improve20 ment) that was owned in whole or in part by 

21 the decedent immediately prior to the death of 

22 the decedent;’’. 

23 SEC. 3. DESCENT AND DISTRIBUTION. 

24 Section 207 of the Indian Land Consolidation Act 

25 (25 U.S.C. 2206) is amended— 


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1 (1) in subsection (a)(2)(D)— 

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

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

4 through (v)’’; and 

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

6 following: 

7 ‘‘(v) EFFECT OF PARAGRAPH; NON8 APPLICABILITY TO CERTAIN INTERESTS.— 

9 Nothing in this paragraph— 

10 ‘‘(I) limits the right of any per11 son to devise any trust or restricted 

12 interest pursuant to a valid will in ac13 cordance with subsection (b); or 

14 ‘‘(II) applies to any interest in 

15 the estate of a decedent who died dur16 ing the period beginning on the date 

17 of enactment of this subclause and 

18 ending on July 20, 2007 (or the last 

19 day of any applicable period of exten20 sion authorized by the Secretary 

21 under clause (vi)). 

22 ‘‘(vi) AUTHORITY TO EXTEND PERIOD

23 OF NONAPPLICABILITY.—The Secretary 

24 may extend the period of nonapplicability 

25 under clause (v)(II) for not longer than 1 


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1 year if, by not later than July 2, 2007, the 

2 Secretary publishes in the Federal Register 

3 a notice of the extension.’’; 

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

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

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

7 2007.’’; and 

8 (3) in subsection (o)— 

9 (A) in paragraph (3)— 

10 (i) by redesignating subparagraphs 

11 (A) and (B) as clauses (i) and (ii) and in12 denting the clauses appropriately; and 

13 (ii) by striking ‘‘(3)’’ and all that fol14 lows through ‘‘No sale’’ and inserting the 

15 following: 

16 ‘‘(3) REQUEST TO PURCHASE; CONSENT RE17 QUIREMENTS; MULTIPLE REQUESTS TO PUR18 CHASE.— 

19 ‘‘(A) IN GENERAL.—No sale’’; and 

20 (iii) by striking the last sentence and 

21 inserting the following: 

22 ‘‘(B) MULTIPLE REQUESTS TO PUR23 CHASE.—Except for interests purchased pursu24 ant to paragraph (5), if the Secretary receives 

25 a request with respect to an interest from more 


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1 than 1 eligible purchaser under paragraph (2), 

2 the Secretary shall sell the interest to the eligi3 ble purchaser that is selected by the applicable 

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

5 (B) in paragraph (4)— 

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

7 ‘‘and’’ at the end; 

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

9 ‘‘; and’’ and inserting a period; and 

10 (iii) by striking subparagraph (C); 

11 and 

12 (C) in paragraph (5)— 

13 (i) in subparagraph (A)— 

14 (I) in the matter preceding clause 

15 (i), by striking ‘‘auction and’’; 

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

17 ‘‘and’’ at the end; 

18 (III) in clause (ii)— 

19 (aa) by striking ‘‘auction’’ 

20 and inserting ‘‘sale’’; 

21 (bb) by striking ‘‘the inter22 est passing to such heir rep23 resents’’ and inserting ‘‘, at the 

24 time of death of the applicable 

25 decedent, the interest of the deceVerDate Aug 31 2005 06:52 Jun 16, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.IS S3526

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1 dent in the land represented’’; 

2 and 

3 (cc) by striking the period at 

4 the end and inserting ‘‘; and’’; 

5 and 

6 (IV) by adding at the end the fol7 lowing: 

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

9 the interest as part of the program author10 ized under section 213(a)(1); or 

11 ‘‘(II) after receiving a notice under 

12 paragraph (4)(B), the Indian tribe with ju13 risdiction over the interest is proposing to 

14 purchase the interest from an heir that is 

15 not a member, and is not eligible to be16 come a member, of that Indian tribe.’’; 

17 (ii) in subparagraph (B)— 

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

19 follows through ‘‘such heir’’ and in20 serting the following: 

21 ‘‘(B) EXCEPTION; NONAPPLICABILITY TO

22 CERTAIN INTERESTS.— 

23 ‘‘(i) EXCEPTION.—Notwithstanding 

24 subparagraph (A), the consent of the heir 

25 or surviving spouse’’; 


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

2 surviving spouse’’ before ‘‘was resid3 ing’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(ii) NONAPPLICABILITY TO CERTAIN

7 INTERESTS.—Subparagraph (A) shall not 

8 apply to any interest in the estate of a de9 cedent who dies on or before July 20, 2007 

10 (or the last day of any applicable period of 

11 extension authorized by the Secretary 

12 under subparagraph (C)).’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(C) AUTHORITY TO EXTEND PERIOD OF

16 NONAPPLICABILITY.—The Secretary may ex17 tend the period of nonapplicability under sub18 paragraph (B)(ii) for not longer than 1 year if, 

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

20 publishes in the Federal Register a notice of the 

21 extension.’’. 

Æ 


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