IB 

109TH CONGRESS 

2D SESSION S. 3526 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2006 

Referred to the Committee on Resources 

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 juVerDate Aug 31 2005 22:16 Nov 13, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.RFH S3526

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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: EMILY J. REYNOLDS, 

Secretary. 


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