II 

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. 

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) for purposes of intestate succession 

19 only under section 207(a), includes, with re20 spect to any decedent who dies after July 20, 

21 2007, the interest of the decedent in any im22 provements permanently affixed to a parcel of 

23 trust or restricted lands (subject to any valid 

24 mortgage or other interest in such an improve25 ment) that was owned in whole or in part by 


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1 the decedent immediately prior to the death of 

2 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 PARAGRAPH; NON13 APPLICABILITY TO CERTAIN INTERESTS.— 

14 Nothing in this paragraph— 

15 ‘‘(I) limits the right of any per16 son to devise any trust or restricted 

17 interest pursuant to a valid will in ac18 cordance with subsection (b); or 

19 ‘‘(II) applies to any interest in 

20 the estate of a decedent who died dur21 ing the period beginning on the date 

22 of enactment of this subclause and 

23 ending on July 20, 2007 (or the last 

24 day of any applicable period of extenVerDate Aug 31 2005 23:23 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.RS S3526

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1 sion authorized by the Secretary 

2 under clause (vi)). 

3 ‘‘(vi) AUTHORITY TO EXTEND PERIOD

4 OF NONAPPLICABILITY.—The Secretary 

5 may extend the period of nonapplicability 

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

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

8 Secretary publishes in the Federal Register 

9 a notice of the extension.’’; 

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

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

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

13 2007.’’; and 

14 (3) in subsection (o)— 

15 (A) in paragraph (3)— 

16 (i) by redesignating subparagraphs 

17 (A) and (B) as clauses (i) and (ii) and in18 denting the clauses appropriately; and 

19 (ii) by striking ‘‘(3)’’ and all that fol20 lows through ‘‘No sale’’ and inserting the 

21 following: 

22 ‘‘(3) REQUEST TO PURCHASE; CONSENT RE23 QUIREMENTS; MULTIPLE REQUESTS TO PUR24 CHASE.— 

25 ‘‘(A) IN GENERAL.—No sale’’; and 


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1 (iii) by striking the last sentence and 

2 inserting the following: 

3 ‘‘(B) MULTIPLE REQUESTS TO PUR4 CHASE.—Except for interests purchased pursu5 ant to paragraph (5), if the Secretary receives 

6 a request with respect to an interest from more 

7 than 1 eligible purchaser under paragraph (2), 

8 the Secretary shall sell the interest to the eligi9 ble purchaser that is selected by the applicable 

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

11 (B) in paragraph (4)— 

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

13 ‘‘and’’ at the end; 

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

15 ‘‘; and’’ and inserting a period; and 

16 (iii) by striking subparagraph (C); 

17 and 

18 (C) in paragraph (5)— 

19 (i) in subparagraph (A)— 

20 (I) in the matter preceding clause 

21 (i), by striking ‘‘auction and’’; 

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

23 ‘‘and’’ at the end; 

24 (III) in clause (ii)— 


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1 (aa) by striking ‘‘auction’’ 

2 and inserting ‘‘sale’’; 

3 (bb) by striking ‘‘the inter4 est passing to such heir rep5 resents’’ and inserting ‘‘, at the 

6 time of death of the applicable 

7 decedent, the interest of the dece8 dent in the land represented’’; 

9 and 

10 (cc) by striking the period at 

11 the end and inserting ‘‘; and’’; 

12 and 

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

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

16 the interest as part of the program author17 ized under section 213(a)(1); or 

18 ‘‘(II) after receiving a notice under 

19 paragraph (4)(B), the Indian tribe with ju20 risdiction over the interest is proposing to 

21 purchase the interest from an heir that is 

22 not a member, and is not eligible to be23 come a member, of that Indian tribe.’’; 

24 (ii) in subparagraph (B)— 


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

2 follows through ‘‘such heir’’ and in3 serting the following: 

4 ‘‘(B) EXCEPTION; NONAPPLICABILITY TO

5 CERTAIN INTERESTS.— 

6 ‘‘(i) EXCEPTION.—Notwithstanding 

7 subparagraph (A), the consent of the heir 

8 or surviving spouse’’; 

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

10 surviving spouse’’ before ‘‘was resid11 ing’’; and 

12 (III) by adding at the end the 

13 following: 

14 ‘‘(ii) NONAPPLICABILITY TO CERTAIN

15 INTERESTS.—Subparagraph (A) shall not 

16 apply to any interest in the estate of a de17 cedent who dies on or before July 20, 2007 

18 (or the last day of any applicable period of 

19 extension authorized by the Secretary 

20 under subparagraph (C)).’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(C) AUTHORITY TO EXTEND PERIOD OF

24 NONAPPLICABILITY.—The Secretary may ex25 tend the period of nonapplicability under subVerDate Aug 31 2005 23:23 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3526.RS S3526

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1 paragraph (B)(ii) for not longer than 1 year if, 

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

3 publishes in the Federal Register a notice of the 

4 extension.’’. 


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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 


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