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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5308 Engrossed in House (EH)]

  2d Session

                               H. R. 5308

_______________________________________________________________________

                                 AN ACT

  To amend laws relating to the lands of the citizens of the Muscogee 
      (Creek), Seminole, Cherokee, Chickasaw and Choctaw Nations, 
 historically referred to as the Five Civilized Tribes, and for other 
                               purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 5308

_______________________________________________________________________

                                 AN ACT

 
  To amend laws relating to the lands of the citizens of the Muscogee 
      (Creek), Seminole, Cherokee, Chickasaw and Choctaw Nations, 
 historically referred to as the Five Civilized Tribes, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Five Nations 
Citizens Land Reform Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
             TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS

Sec. 101. Restrictions on real property.
Sec. 102. Restricted funds.
Sec. 103. Period of restrictions.
Sec. 104. Removal of restrictions.
Sec. 105. Exemptions from prior claims.
Sec. 106. Fractional interests.
 TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES, 
             AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS

Sec. 201. Approval authority for conveyances and leases.
Sec. 202. Approval of conveyances.
Sec. 203. Reimposition of restrictions on conveyances of property to 
                            Indian housing authorities.
Sec. 204. Administrative partition.
Sec. 205. Surface leases.
Sec. 206. Mineral leases.
Sec. 207. Management of mineral interests.
Sec. 208. Mortgages.
Sec. 209. Validation of prior conveyances.
    TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER JUDICIAL 
                              PROCEEDINGS

Sec. 301. Actions affecting restricted property.
Sec. 302. Heirship determinations and probates.
Sec. 303. Actions to cure title defects.
Sec. 304. Involuntary partitions.
Sec. 305. Requirements for actions to cure title defects and 
                            involuntary partitions.
Sec. 306. Pending State proceedings.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Regulations.
Sec. 402. Repeals.
Sec. 403. Statutory construction.
Sec. 404. Representation by attorneys for the Department of the 
                            Interior.
                    TITLE V--WATER BASIN COMMISSION

Sec. 501. Water basin commission.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since 1970, Federal Indian policy has focused on Indian 
        self-determination and economic self-sufficiency. The exercise 
        of Federal instrumentality jurisdiction by the Oklahoma State 
        courts over the Indian property that is subject to Federal 
        restrictions against alienation belonging to members of the 
        Five Nations is inconsistent with that policy.
            (2) It is a goal of Congress to recognize the Indian land 
        base as an integral part of the culture and heritage of Indian 
        citizens.
            (3) The exercise of Federal instrumentality jurisdiction by 
        the courts of the State of Oklahoma over conveyances and 
        inheritance of restricted property belonging to Indian citizens 
        of the Five Nations--
                    (A) is costly, confusing, and cumbersome, and 
                effectively prevents any meaningful Indian estate 
                planning, and unduly complicates the probating of 
                Indian estates and other legal proceedings relating to 
                Indian citizens and their lands; and
                    (B) has impeded the self-determination and economic 
                self-sufficiency of Indian citizens within the exterior 
                boundaries of the Five Nations.

SEC. 3. PURPOSE.

    (a) In General.--It is the purpose of this Act to--
            (1) correct the disparate Federal treatment of individual 
        allotted lands of Indian citizens of the Five Nations that 
        resulted from prior Federal legislation by equalizing the 
        Federal legislative treatment of restricted and trust lands;
            (2) eliminate unnecessary legal and bureaucratic obstacles 
        that impede the highest and best use of restricted property 
        belonging to Indian citizens of the Five Nations;
            (3) provide for an efficient process for the administrative 
        review and approval of conveyances, voluntary partitions, and 
        leases, and to provide for Federal administrative proceedings 
        in testate and intestate probate and other cases that involve 
        the restricted property of Indian citizens, which concern the 
        rights of Indian citizens to hold and acquire such property in 
        restricted and trust status; and
            (4) transfer to the Secretary the Federal instrumentality 
        jurisdiction of the Oklahoma State courts together with other 
        authority currently exercised by such courts over the 
        conveyance, devise, inheritance, lease, encumbrance, and 
        partition under certain circumstances of restricted property 
        belonging to Indian citizens of the Five Nations.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to limit or affect the rights of Indian citizens under other Federal 
laws relating to the acquisition and status of trust property, 
including without limitation, the Act of June 18, 1934 (25 U.S.C. 461 
et seq.) (commonly known as the Indian Reorganization Act), the Act of 
June 26, 1936 (25 U.S.C. 501 et seq.) (commonly known as the Oklahoma 
Indian Welfare Act), the Indian Land Consolidation Act (25 U.S.C. 2201 
et seq.), and regulations relating to the Secretary's authority to 
acquire lands in trust for Indians and Indian tribes.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Five nations.--The term ``Five Nations'' means the 
        Cherokee Nation, the Chickasaw Nation, the Choctaw Nation of 
        Oklahoma, the Seminole Nation of Oklahoma, and the Muscogee 
        (Creek) Nation, collectively, which are historically referred 
        to as the ``Five Civilized Tribes''.
            (2) Indian citizen.--The term ``Indian citizen'' means a 
        member or citizen of one of the individual Five Nations 
        referred to in paragraph (1), or an individual who is 
        determined by the Secretary to be a lineal descendent by blood 
        of an Indian ancestor enrolled on the final Indian rolls of the 
        Five Civilized Tribes closed in 1906.
            (3) Indian country.--The term ``Indian country'' has the 
        meaning given that term in section 1151 of title 18, United 
        States Code, which includes restricted property and trust 
        property (as such terms are defined in this Act).
            (4) Indian nation.--The term ``Indian Nation'' means one of 
        the individual Five Nations referred to in paragraph (1).
            (5) Regional office.--The term ``Regional Office'' means 
        the Eastern Oklahoma Regional Office of the Bureau of Indian 
        Affairs, or any successor office within the Department of 
        Interior.
            (6) Restricted property.--The term ``restricted property'' 
        means any right, title or interest in real property owned by an 
        Indian citizen that is subject to a restriction against 
        alienation, lease, mortgage, and other encumbrances imposed by 
        this Act and other laws of the United States expressly 
        applicable to the property of enrollees and lineal descendants 
        of enrollees on the final Indian rolls of the Five Civilized 
        Tribes in 1906, and includes those interests in property that 
        were subject to a restriction against alienation imposed by the 
        United States on the ownership of an Indian citizen who died 
        prior to the effective date of this Act (subject to valid 
        existing rights) but whose interest had not, as of the 
        effective date of this Act, been the subject of a final order 
        determining heirs by a State district court or a United States 
        District Court, or been conveyed by putative heirs by deed 
        approved in State district court, except that such term shall 
        not include Indian trust allotments made pursuant to the 
        General Allotment Act (25 U.S.C. 331 et seq.) or any other 
        trust property.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Trust property.--The term ``trust property'' means 
        Indian property, title to which is held in trust by the United 
        States for the benefit of an Indian citizen or an Indian 
        Nation.

             TITLE I--RESTRICTIONS; REMOVAL OF RESTRICTIONS

SEC. 101. RESTRICTIONS ON REAL PROPERTY.

    (a) Application.--Beginning on the effective date of this Act, all 
restricted property shall be subject to restrictions against 
alienation, lease, mortgage, and other encumbrances, regardless of the 
degree of Indian blood of the Indian citizen who owns such property.
    (b) Continuation.--The restrictions made applicable under 
subsection (a) shall continue with respect to restricted property upon 
the acquisition of such property by an Indian citizen by inheritance, 
devise, gift, exchange, election to take at partition, or by purchase.

SEC. 102. RESTRICTED FUNDS.

    (a) In General.--All funds and securities held or supervised by the 
Secretary derived from restricted property or individual Indian trust 
property on or after the effective date of this Act are declared to be 
restricted and shall remain subject to the jurisdiction of the 
Secretary until or unless otherwise provided for by Federal law.
    (b) Use of Funds.--Funds, securities, and proceeds described in 
subsection (a) may be released or expended by the Secretary for the use 
and benefit of the Indian citizens to whom such funds, securities, and 
proceeds belong, as provided for by Federal law.

SEC. 103. PERIOD OF RESTRICTIONS.

    Subject to the provisions of this Act that permit restrictions to 
be removed, the period of restriction against alienation, lease, 
mortgage, or other encumbrance of restricted property and funds 
belonging to Indian citizens, is hereby extended until an Act of 
Congress determines otherwise.

SEC. 104. REMOVAL OF RESTRICTIONS.

    (a) Procedure.--
            (1) Application.--An Indian citizen who owns restricted 
        property, or the legal guardian of a minor Indian citizen or an 
        Indian citizen who has been determined to be legally 
        incompetent by a court of competent jurisdiction (including a 
        tribal court), may apply to the Secretary for an order removing 
        restrictions on any interest in restricted property held by 
        such Indian citizen.
            (2) Consideration of application.--An application under 
        paragraph (1) shall be considered by the Secretary only as to 
        the tract, tracts, or severed mineral or surface interest 
        described in the application. Not later than 90 days after the 
        date on which an application is submitted, the Secretary shall 
        either issue the removal order or disapprove of the 
        application.
            (3) Disapproval.--The Secretary shall disapprove an 
        application under paragraph (1) if--
                    (A) in the Secretary's judgment, the applicant has 
                been subjected to fraud, undue influence or duress by a 
                third party; or
                    (B) the Secretary determines it is otherwise not in 
                the Indian citizen owner's best interest.
    (b) Removal of Restrictions.--When an order to remove restrictions 
becomes effective under subsection (a), the Secretary shall issue a 
certificate describing the property and stating that the Federal 
restrictions have been removed.
    (c) Submission of List.--Prior to or on April 1 of each year, the 
Secretary shall cause to be filed with the county treasurer of each 
county in the State of Oklahoma where restricted property is situated, 
a list of restricted property that has lost its restricted status 
during the preceding calendar year through acquisition of ownership by 
an individual or entity who is not an Indian citizen or by removal of 
restrictions pursuant to this section.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to--
            (1) abrogate valid existing rights to property that is 
        subject to an order to remove restrictions under this section; 
        and
            (2) remove restrictions on any other restricted property 
        owned by the applicant.

SEC. 105. EXEMPTIONS FROM PRIOR CLAIMS.

    Sections 4 and 5 of the Act of May 27, 1908 (35 Stat. 312, chapter 
199) shall apply to all restricted property.

SEC. 106. FRACTIONAL INTERESTS.

    Upon application by an Indian citizen owner of an undivided 
unrestricted interest in property of which a portion of the interests 
in such property are restricted as of the effective date of this Act, 
the Secretary is authorized to convert that unrestricted interest into 
restricted status if all of the interests in the property are owned by 
Indian citizens as tenants in common as of the date of the application 
under this section.

 TITLE II--ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES, 
             AND MORTGAGES; MANAGEMENT OF MINERAL INTERESTS

SEC. 201. APPROVAL AUTHORITY FOR CONVEYANCES AND LEASES.

    The Secretary shall have exclusive jurisdiction to approve 
conveyances and leases of restricted property by an Indian citizen or 
by any guardian or conservator of any Indian citizen who is a ward in 
any guardianship or conservatorship proceeding pending in any court of 
competent jurisdiction, except that petitions for such approvals that 
are filed in Oklahoma district courts prior to the effective date of 
this Act may be heard and approved by such courts pursuant to the 
procedures described in section 1 of the Act of August 4, 1947 (61 
Stat. 731, chapter 458), as in effect on the day before the effective 
date of this Act, if the Indian citizen does not revoke in writing his 
or her consent to the conveyance or lease prior to final court 
approval.

SEC. 202. APPROVAL OF CONVEYANCES.

    (a) Procedure.--
            (1) In general.--Except as provided in subsection (b), 
        restricted property may be conveyed by an Indian citizen 
        pursuant to the procedures described in this subsection.
            (2) Requirements.--An Indian citizen may only convey 
        restricted property--
                    (A) after the property is appraised;
                    (B) for an amount that is not less than 90 percent 
                of the appraised value of the property;
                    (C) to the highest bidder through the submission to 
                the Secretary of closed, silent bids or negotiated 
                bids; and
                    (D) upon the approval of the Secretary.
    (b) Exception.--
            (1) In general.--Notwithstanding subsection (a)(2), an 
        Indian citizen may convey his or her restricted property, or 
        any portion thereof, to any of the individuals or entities 
        described in paragraph (2) without soliciting bids, providing 
        notice, or for consideration which is less than the appraised 
        value of the property, if the Secretary determines that the 
        conveyance is not contrary to the best interests of the Indian 
        citizen and that the Indian citizen has been duly informed of 
        and understands the fair market appraisal, and is not being 
        coerced into the conveyance.
            (2) Individuals and entities.--An individual or entity 
        described in this paragraph is--
                    (A) the Indian citizen's spouse (if he or she is 
                and Indian citizen), father, mother, son, daughter, 
                brother or sister, or other lineal descendent, aunt or 
                uncle, cousin, niece or nephew, or Indian co-owner; or
                    (B) the Indian Nation whose last treaty boundaries 
                encompassed the restricted property involved so long as 
                the appraisal of the property was conducted by an 
                independent appraiser not subject to the Indian 
                Nation's control.
    (c) Status.--Restricted property that is acquired by an Indian 
Nation whose last treaty boundaries encompassed the restricted property 
shall continue to be Indian country. Upon application by the Indian 
Nation, the Secretary shall accept title to such property in trust by 
the United States for the benefit of the Indian Nation, except that the 
Secretary may first require elimination of any existing liens or other 
encumbrances in order to comply with applicable Federal title 
standards. The Secretary shall accept title to the property in trust 
for the Indian Nation only if, after conducting a survey for hazardous 
substances, he determines that there is no evidence of such substances 
on the property.

SEC. 203. REIMPOSITION OF RESTRICTIONS ON CONVEYANCES OF PROPERTY TO 
              INDIAN HOUSING AUTHORITIES.

    (a) In General.--In any case where the restrictions have been 
removed from restricted property for the purpose of allowing 
conveyances of the property to Indian housing authorities to enable 
such authorities to build homes for individual owners or relatives of 
owners of restricted property, the Secretary shall issue a Certificate 
of Restricted Status describing the property and imposing restrictions 
thereon upon written request by the Indian citizen homebuyer or a 
successor Indian citizen homebuyer. Such request shall include evidence 
satisfactory to the Secretary that the homebuyer's contract has been 
paid in full and be delivered to the Regional Office not later than 3 
years after the housing authority conveys such property back to the 
original Indian citizen homebuyer or a successor Indian citizen 
homebuyer who is a citizen of the Nation whose last treaty boundaries 
encompass the property where the home is located.
    (b) Existing Liens.--Prior to issuing a certificate under 
subsection (a) with respect to property, the Secretary may require the 
elimination of any existing liens or other encumbrances which would 
substantially interfere with the use of the property.
    (c) Application to Certain Homebuyers.--Indian citizen homebuyers 
described in subsection (a) who acquired ownership of property prior to 
the effective date of this Act shall have 3 years from such effective 
date to request that the Secretary issue a certificate under such 
subsection.
    (d) Rule of Construction.--Nothing in this Act shall be construed 
to limit or affect the rights of Indian citizens described in this 
section under other Federal laws and regulations relating to the 
acquisition and status of trust property.

SEC. 204. ADMINISTRATIVE PARTITION.

    (a) Jurisdiction.--Except as provided in section 304, the Secretary 
shall have exclusive jurisdiction to approve the partition of property 
located within the last treaty boundaries of 1 or more of the Five 
Nations, all of which is held in common, in trust or in restricted 
status, by more than 1 Indian citizen owner, if the requirements of 
this section are complied with. The Secretary may approve the voluntary 
partition of property consisting of both restricted and unrestricted 
undivided interests if all owners of the unrestricted interests consent 
to such approval in writing.
    (b) Partition Without Application.--If the Secretary determines 
that any property described in subsection (a) is capable of partition 
in kind to the advantage of the owners, the Secretary may initiate 
partition of the property by--
            (1) notifying the owners of such determination;
            (2) providing the owners with a partition plan for such 
        property; and
            (3) affording the owners a reasonable time to respond, 
        object, or consent to the proposal, in accordance with 
        subsection (d).
    (c) Application for Partition.--
            (1) In general.--An owner or owners of an undivided 
        interest in any property described in subsection (a) may make 
        written application, on a form approved by the Secretary, for 
        the partition of their trust or restricted property.
            (2) Determination.--If, based on an application submitted 
        under paragraph (1), the Secretary determines that the property 
        involved is susceptible to partition in kind, the Secretary 
        shall initiate partition of the property by--
                    (A) notifying the owners of such determination;
                    (B) providing the owners with a partition plan; and
                    (C) affording the owners a reasonable time to 
                respond, object or consent in accordance with 
                subsection (d).
    (d) Partition Procedures.--
            (1) Proposed land division plan.--The Secretary shall give 
        applicants under subsection (c) and nonpetitioning owners of 
        property subject to partition under this section with a 
        reasonable opportunity to negotiate a proposed land division 
        plan for the purpose of securing ownership of a tract on the 
        property equivalent to their respective interests in the 
        undivided estate, prior to taking any action related to 
        partition of the property under this section.
            (2) Approval.--If a plan under paragraph (1) is approved 
        by--
                    (A) Indian citizen owners of more than 50 percent 
                of the property which is entirely in trust status (as 
                distinguished from restricted status) and if the 
                Secretary finds the plan to be reasonable, fair and 
                equitable, the Secretary shall issue an order 
                partitioning the trust property in kind; or
                    (B) the Indian citizens who own more than 50 
                percent of the undivided interests which are held in 
                restricted status (as distinguished from trust status) 
                and if the Secretary finds the plan to be reasonable, 
                fair and equitable, the Secretary may attempt to 
                negotiate for partition in kind or for sale of all or a 
                portion of the property, and secure deeds from all 
                interest owners, subject to the Secretary's approval.
            (3) Limitation.--No partition under paragraph (2)(B) shall 
        be effected unless all of the owners have consented to the plan 
        in writing.

SEC. 205. SURFACE LEASES.

    The surface of restricted property may be leased by an Indian 
citizen pursuant to the Act of August 9, 1955 (25 U.S.C. 415 et seq.), 
except that the Secretary may approve any agricultural lease or permit 
with respect to restricted property in accordance with the provisions 
of section 105 of the American Indian Agricultural Resource Management 
Act (25 U.S.C. 3715).

SEC. 206. MINERAL LEASES.

    (a) Approval.--
            (1) General rule.--No mineral lease or agreement purporting 
        to convey or create any interest in restricted or trust 
        property that is entered into or reentered into after the 
        effective date of this Act shall be valid unless approved by 
        the Secretary.
            (2) Requirements.--The Secretary may approve a mineral 
        lease or agreement described in paragraph (1) only if--
                    (A) the owners of a majority of the undivided 
                interest in the restricted or trust mineral estate that 
                is the subject of the mineral lease or agreement 
                (including any interest covered by a lease or agreement 
                executed by the Secretary under subsection (c)) consent 
                to the lease or agreement;
                    (B) the Secretary determines that approving the 
                lease or agreement is in the best interest of the 
                Indian citizen owners of the restricted or trust 
                mineral interests; and
                    (C) the Secretary has accepted the highest bid for 
                such lease or agreement after a competitive bidding 
                process has been conducted by the Secretary, unless the 
                Secretary has determined that it is in the best 
                interest of the Indian citizen to award a lease made by 
                negotiation, and the Indian citizen so consents.
    (b) Effect of Approval.--Upon the approval of a mineral lease or 
agreement by the Secretary under subsection (a), the lease or agreement 
shall be binding upon all owners of the restricted or trust undivided 
interests subject to the lease or agreement (including any interest 
owned by an Indian tribe) and all other parties to the lease or 
agreement, to the same extent as if all of the Indian citizen owners of 
the restricted or trust mineral interests involved had consented to the 
lease or agreement.
    (c) Execution of Lease or Agreement by Secretary.--The Secretary 
may execute a mineral lease or agreement that affects restricted or 
trust property interests on behalf of an Indian citizen owner if that 
owner is deceased and the heirs to, or devisees of, the interest of the 
deceased owner have not been determined, or if the heirs or devisees 
have been determined but one or more of the heirs or devisees cannot be 
located.
    (d) Distribution of Proceeds.--The proceeds derived from a mineral 
lease or agreement approved by the Secretary under subsection (a) shall 
be distributed in accordance with the interest held by each owner 
pursuant to such rules and regulations as may be promulgated by the 
Secretary.
    (e) Communitization Agreements.--No unleased restricted or trust 
property located within a spacing and drilling unit approved by the 
Oklahoma Corporation Commission may be drained of any oil or gas by a 
well within such unit without a communitization agreement prepared and 
approved by the Secretary, except that in the event of any such 
drainage without a communitization agreement approved by the Secretary, 
100 percent of all revenues derived from the production from any such 
restricted or trust property shall be paid to the Indian citizen owner 
free of all lifting and other production costs.

SEC. 207. MANAGEMENT OF MINERAL INTERESTS.

    (a) Oil and Gas Conservation Laws.--
            (1) In general.--The oil and gas conservation laws of the 
        State of Oklahoma shall apply to restricted property.
            (2) Enforcement.--The Oklahoma Corporation Commission shall 
        have the authority to perform ministerial functions related to 
        the enforcement of the laws referred to in paragraph (1), 
        including enforcement actions against well operators, except 
        that no order of the Corporation Commission affecting 
        restricted Indian property shall be valid as to such property 
        until such order is submitted to and approved by the Secretary.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to limit the authority of the Indian Nations to 
        protect the environment and natural resources of restricted 
        property.
    (b) Implementation of Federal Oil and Gas Royalty Management Act.--
Beginning on the effective date of this Act, the Regional Office shall 
assume all the duties and responsibilities of the Secretary under the 
Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702 et 
seq.) with respect to an oil and gas lease where--
            (1) the Secretary has approved the oil and gas lease 
        pursuant to section 206(a);
            (2) the Secretary has, prior to the effective date of this 
        Act, approved the oil and gas lease pursuant to the Act of May 
        27, 1908 (35 Stat. 312, chapter 199); or
            (3) the Secretary has, before the effective date of this 
        Act, approved an oil and gas lease of lands of any of the Five 
        Nations pursuant to the Act of May 11, 1938 (25 U.S.C. 396a et 
        seq.).

SEC. 208. MORTGAGES.

    An Indian citizen may mortgage restricted property only in 
accordance with and under the authority of the Act of March 29, 1956 
(25 U.S.C. 483a), or other Federal laws applicable to the mortgaging of 
individual Indian trust property or restricted property.

SEC. 209. VALIDATION OF PRIOR CONVEYANCES.

    All conveyances, including oil and gas or mineral leases, of 
restricted property and trust property made after the effective date of 
the Act of June 26, 1936 (25 U.S.C. 501 et seq.) (commonly known as the 
Oklahoma Indian Welfare Act) and prior to the effective date of this 
Act, that were approved by a county or district court in Oklahoma are 
hereby validated and confirmed, unless such conveyance is determined by 
a court of competent jurisdiction to be invalid upon grounds other than 
authority to approve, sufficiency of approval, or lack of approval 
thereof.

    TITLE III--PROBATE, HEIRSHIP DETERMINATION, AND OTHER JUDICIAL 
                              PROCEEDINGS

SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.

    The courts of the State of Oklahoma shall not have jurisdiction 
over actions affecting title to, or use or disposition of, trust 
property or restricted property except as authorized by this Act or by 
other Federal laws applicable to trust property or restricted property.

SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.

    (a) Jurisdiction.--Except as provided in section 306, the Secretary 
shall have exclusive jurisdiction, acting through an Administrative Law 
Judge or other official designated by the Secretary, to probate wills 
or otherwise determine heirs of deceased Indian citizens and to 
adjudicate all such estate actions to the extent that they involve 
individual trust property, restricted property, or restricted or trust 
funds or securities held or supervised by the Secretary derived from 
such property.
    (b) Governing Laws.--Notwithstanding any other provision of law, 
the Administrative Law Judge or other official designated by the 
Secretary shall exercise the Secretary's jurisdiction and authority 
under this section in accordance with the Indian Land Consolidation Act 
(25 U.S.C. 2201 et seq.) and such rules and regulations which 
heretofore have been, or will be, prescribed by the Secretary for the 
probate of wills, determination of heirs, and distribution of property 
in estates of Indian decedents, subject to the following requirements:
            (1) Law applicable to estates of indian citizen decedents 
        who died prior to effective date.--The Administrative Law Judge 
        or other official designated by the Secretary shall apply the 
        laws of descent and distribution of the State of Oklahoma 
        contained in title 84 of the Oklahoma Statutes, chapter 4, to 
        all restricted property, trust property, and all restricted or 
        trust funds or securities derived from such property in the 
        estates of deceased Indian citizens who died intestate prior to 
        the effective date of this Act.
            (2) Law applicable to wills executed prior to effective 
        date.--The Administrative Law Judge or other official 
        designated by the Secretary shall determine the validity and 
        effect of wills as to estates containing trust property or 
        restricted property when such wills were executed by Indian 
        citizens prior to the effective date of this Act, in accordance 
        with the laws of the State of Oklahoma governing the validity 
        and effect of wills, provided that the will of a full-blood 
        Indian citizen which disinherits the parent, wife, spouse, or 
        children of such citizen shall not be valid with respect to the 
        disposition of restricted property unless the requirements of 
        section 23 of the Act of April 26, 1906 (34 Stat. 137, chapter 
        1876), as in effect on the day before the effective date of 
        this Act, are met.
            (3) Law applicable to wills executed after effective 
        date.--
                    (A) In general.--Any Indian citizen who has 
                attained age 18 and owns restricted property or trust 
                property shall have the right to dispose of such 
                property by will, executed on or after the effective 
                date of this Act in accordance with regulations which 
                heretofore have been, or will be, prescribed by the 
                Secretary for the probate of wills, provided--
                            (i) no will so executed shall be valid or 
                        have any force or effect unless and until such 
                        will has been approved by the Secretary; and
                            (ii) that the Secretary may approve or 
                        disapprove such will either before or after the 
                        death of the Indian citizen testator.
                    (B) Fraud.--In any case where a will has been 
                approved by the Secretary under subparagraph (A) and it 
                is subsequently discovered that there was fraud in 
                connection with the execution or procurement of the 
                will, the Secretary is authorized, within 1 year after 
                the death of the testator, to cancel approval of the 
                will. If an approval is canceled in accordance with the 
                preceding sentence, the property purported to be 
                disposed of in the will shall descend or be distributed 
                in accordance with the Secretary's rules and 
                regulations applicable to estates of Indian decedents 
                who die intestate.
            (4) Federal law controls.--Notwithstanding any other 
        provision of this section, Federal law governing personal 
        claims against a deceased Indian citizen or against trust 
        property or restricted property, including the restrictions 
        imposed by this Act or other applicable Federal law against the 
        alienation, lease, mortgage, or other encumbrance of trust 
        property or restricted property shall apply to all such 
        property contained in the estate of the deceased Indian 
        citizen.

SEC. 303. ACTIONS TO CURE TITLE DEFECTS.

    (a) Jurisdiction.--Except as provided in subsections (b) and (c), 
the United States district courts in the State of Oklahoma and the 
State courts of Oklahoma shall retain jurisdiction over actions seeking 
to cure defects affecting the marketability of title to restricted 
property, except that all such actions shall be subject to the 
requirements of section 305.
    (b) Adverse Possession.--No cause of action may be brought to claim 
title to or an interest in restricted property by adverse possession or 
the doctrine of laches on or after the effective date of this Act, 
except that--
            (1) all such causes that are pending on the effective date 
        of this Act in accordance with the provisions of section 3 of 
        the Act of April 12, 1926 (44 Stat. 239, chapter 115) shall be 
        subject to section 306; and
            (2) an action to quiet title to an interest in restricted 
        property on the basis of adverse possession may be filed in the 
        courts of the State of Oklahoma not later than 2 years after 
        the effective date of this Act if the 15-year period for 
        acquiring title by adverse possession has run in full prior to 
        the effective date of this Act and the procedures set forth in 
        section 305 shall be followed.
    (c) Heirship Determinations and Dispositions.--Nothing in this 
section shall be construed to authorize a determination of heirs in a 
quiet title action in Federal or State court in derogation of the 
Secretary's exclusive jurisdiction to probate wills or otherwise 
determine heirs of the deceased Indian citizens owning restricted 
property and to adjudicate all such estate actions involving restricted 
property pursuant to section 302, or in derogation of the Secretary's 
exclusive jurisdiction over the disposition of restricted property 
under this Act.

SEC. 304. INVOLUNTARY PARTITIONS.

    (a) Jurisdiction.--The United States district courts in the State 
of Oklahoma and the State courts of Oklahoma shall retain jurisdiction 
over actions for the involuntary partition of property consisting 
entirely or partially of undivided restricted interests, subject to the 
provisions of subsections (b) through (e) and the requirements in 
section 306.
    (b) Applicable Law.--The laws of the State of Oklahoma governing 
the partition of property shall be applicable to all actions for 
involuntary partition under this section, except to the extent that any 
such laws are in conflict with any provisions of this Act.
    (c) Petition: Consent of Owners of Majority of Undivided 
Interests.--Any person who owns an undivided interest in a tract of 
property described in subsection (a) may file an action in the district 
court of the State of Oklahoma for the county wherein the tract is 
located for the involuntary partition of such tract. The court shall 
not grant the petition unless the owner or owners of more than 50 
percent of the tract consent to the partition in the verified petition 
or verified answer filed in the action.
    (d) Payment to Nonconsenting Owners of Restricted Interests.--
Nonconsenting owners of undivided restricted interests shall receive 
for the sale of such interests their proportionate share of the greater 
of--
            (1) the proceeds paid at the partition sale; or
            (2) an amount equal to 100 percent of the appraised value 
        of the tract.
    (e) Costs.--The petitioning party in an action under this section 
shall pay the filing fees and all other costs of the action, including 
the cost of an appraisal, advertisement, and sale.

SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE TITLE DEFECTS AND 
              INVOLUNTARY PARTITIONS.

    (a) In General.--All actions authorized by sections 303 and 304 
shall be conducted in accordance with the requirements and procedures 
described in this section.
    (b) Parties.--
            (1) United states.--The United States shall not be a 
        necessary and indispensable party to an action authorized under 
        section 303 or 304. The Secretary may participate as a party in 
        any such action.
            (2) Participation of secretary.--If the Secretary elects to 
        participate in an action as provided for under paragraph (1), 
        the responsive pleading of the Secretary shall be made not 
        later than 20 days after the Secretary receives the notice 
        required under subsection (c), or within such extended time as 
        the trial court in its discretion may permit.
            (3) Judgment binding.--After the appearance of the 
        Secretary in any action described in paragraph (1), or after 
        the expiration of the time in which the Secretary is authorized 
        to respond under paragraph (2), the proceedings and judgment in 
        such action shall be binding on the United States and the 
        parties upon whom service has been made and shall affect the 
        title to the restricted property which is the subject of the 
        action, in the same manner and extent as though nonrestricted 
        property were involved.
            (4) Rule of construction.--Nothing in this section shall be 
        construed to waive the requirement of service of summons in 
        accordance with applicable Federal or State law upon the 
        individual Indian citizen landowners, who shall be necessary 
        and indispensable parties to all actions authorized by sections 
        303 and 304.
    (c) Notice.--
            (1) In general.--The plaintiff in any action authorized by 
        sections 303 and 304 shall serve written notice of the filing 
        of such action and of a petition or complaint, or any amended 
        petition or complaint which substantially changes the nature of 
        the action or includes a new cause of action, upon the Director 
        of the Regional Office not later than 10 days after the filing 
        of any such petition or complaint or any such amended petition 
        or complaint.
            (2) Filing with clerk.--A duplicate original of any notice 
        served under paragraph (1) shall be filed with the clerk of the 
        court in which the action is pending.
            (3) Requirements.--The notice required under paragraph (1) 
        shall--
                    (A) be accompanied by a certified copy of all 
                pleadings on file in the action at the time of the 
                filing of the duplicate original notice with the clerk 
                under paragraph (2);
                    (B) be signed by the plaintiff to the action or his 
                or her counsel of record; and
                    (C) be served by certified mail, return receipt 
                requested, and due return of service made thereon, 
                showing date of receipt and service of notice.
            (4) Failure to serve.--If the notice required under 
        paragraph (1) is not served within the time required under such 
        paragraph, or if return of service thereof is not made within 
        the time permitted by law for the return of service of summons, 
        alias notices may be provided until service and return of 
        notice is made, except that in the event that service of the 
        notice required under such paragraph is not made within 60 days 
        following the filing of the petition or complaint or amendments 
        thereof, the action shall be dismissed without prejudice.
            (5) Limitation.--In no event shall the United States or the 
        parties named in a notice filed under paragraph (1) be bound, 
        or title to the restricted property be affected, unless written 
        notice is served upon the Director as required under this 
        subsection.
    (d) Removal.--
            (1) In general.--The United States shall have the right to 
        remove any action to which this section applies that is pending 
        in a State court to the United States district court by filing 
        with the State court, not later than 20 days after the service 
        of any notice with respect to such action under subsection (c), 
        or within such extended period of time as the trial court in 
        its discretion may permit, a notice of the removal of such 
        action to such United States district court, together with the 
        certified copy of the pleadings in such action as served on the 
        Director of the Regional Office under subsection (c).
            (2) Duty of state court.--It shall be the duty of a State 
        court to accept a notice filed under paragraph (1) and cease 
        all proceedings with respect to such action.
            (3) Pleadings.--Not later than 20 days after the filing of 
        a notice under paragraph (1), the copy of the pleading involved 
        (as provided under such paragraph) shall be entered in the 
        district court of the United States and the defendants and 
        interveners in such action shall, not later than 20 days after 
        the pleadings are so entered, file a responsive pleading to the 
        complaint in such action.
            (4) Proceedings.--Upon the submission of the filings 
        required under paragraph (3), the action shall proceed in the 
        same manner as if it had been originally commenced in the 
        district court, and its judgment may be reviewed by certiorari, 
        appeal, or writ of error in like manner as if the action had 
        been originally brought in such district court.

SEC. 306. PENDING STATE PROCEEDINGS.

    The courts of the State of Oklahoma shall continue to exercise 
authority as a Federal instrumentality over all heirship, probate, 
partition, and other actions involving restricted property that are 
pending on the effective date of this Act until the issuance of a final 
judgment and exhaustion of all appeal rights in any such action, or 
until the petitioner, personal representative, or the State court 
dismisses the action in accordance with State law.

                        TITLE IV--MISCELLANEOUS

SEC. 401. REGULATIONS.

    The Secretary may promulgate such regulations as may be necessary 
to carry out this Act, except that failure to promulgate such 
regulations shall not limit or delay the effect of this Act.

SEC. 402. REPEALS.

    (a) In General.--The following provisions are repealed:
            (1) The Act of August 11, 1955 (69 Stat. 666, chapter 786).
            (2) Section 2 of the Act of August 12, 1953 (67 Stat. 558, 
        chapter 409).
            (3) Sections 1 through 5 and 7 through 13 of the Act of 
        August 4, 1947 (61 Stat. 731, chapter 458).
            (4) The Act of February 11, 1936 (25 U.S.C. 393a).
            (5) The Act of January 27, 1933 (47 Stat. 777, chapter 23).
            (6) Sections 1, 2, 4, and 5 of the Act of May 10, 1928 (45 
        Stat. 495, chapter 517).
            (7) The Act of April 12, 1926 (44 Stat. 239, chapter 115).
            (8) Sections 1 and 2 of the Act of June 14, 1918 (25 U.S.C. 
        375 and 355).
            (9) Sections 1 through 3 and 6 through 12 of the Act of May 
        27, 1908 (35 Stat. 312, chapter 199).
            (10) Section 23 of the Act of April 26, 1906 (34 Stat. 137, 
        chapter 1876).
    (b) Other Acts.--
            (1) In general.--Not later than 6 months after the 
        effective date of this Act, the Secretary shall prepare and 
        submit to Congress a list of other provisions of law that--
                    (A) expressly reference property of the Five 
                Nations or of Five Nations' citizens and that are in 
                conflict with the provisions of this Act; or
                    (B) are of general applicability with respect to 
                the property of Indian tribes and of individual Indians 
                and that are in conflict with this Act.
            (2) Technical amendments.--
                    (A) Section 28 of the Act of April 26, 1906 (34 
                Stat. 137, chapter 1876) is amended--
                            (i) by striking the first proviso; and
                            (ii) by striking ``Provided further'' and 
                        inserting ``Provided''.
                    (B) Section 6(c) of the Act of August 4, 1947 (61 
                Stat. 733, chapter 458) is amended in the first 
                sentence by striking ``of one-half or more Indian 
                blood''.

SEC. 403. STATUTORY CONSTRUCTION.

    (a) Secretarial Trust Responsibility.--Nothing in this Act shall be 
construed to waive, modify, or diminish in any way the trust 
responsibility of the United States over restricted property.
    (b) No Effect on Tribal Relationships.--
            (1) In general.--Nothing in titles I through IV of this Act 
        is intended to or shall be construed to in any way affect the 
        authority that any federally recognized Indian tribe may or may 
        not have over--
                    (A) any other federally recognized Indian tribe;
                    (B) the members of any other federally recognized 
                Indian tribe; or
                    (C) any land in which any other federally 
                recognized Indian tribe or any member of any other 
                federally recognized Indian tribe has or is determined 
                by the Secretary or a court of competent jurisdiction 
                to have any interest.

SEC. 404. REPRESENTATION BY ATTORNEYS FOR THE DEPARTMENT OF THE 
              INTERIOR.

    Attorneys of the Department of the Interior may--
            (1) represent the Secretary in any actions filed in the 
        State courts of Oklahoma involving restricted property;
            (2) when acting as counsel for the Secretary, provide 
        information to all Indian citizens owning restricted property 
        (and to private counsel for such citizens, if any) regarding 
        their legal rights with respect to the restricted property 
        owned by such citizens;
            (3) at the request of any Indian citizen owning restricted 
        property, take such action as may be necessary to cancel or 
        annul any deed, conveyance, mortgage, lease, contract to sell, 
        power of attorney, or any other encumbrance of any kind or 
        character, made or attempted to be made or executed in 
        violation of this Act or any other Federal law, and take such 
        action as may be necessary to assist such Indian citizen in 
        obtaining clear title, acquiring possession, and retaining 
        possession of restricted property; and
            (4) in carrying out paragraph (3), refer proposed actions 
        to be filed in the name of the United States in a district 
        court of the United States to the United States Attorney for 
        that district, and provide assistance in an of-counsel capacity 
        in those actions that the United States Attorney elects to 
        prosecute.

                    TITLE V--WATER BASIN COMMISSION

SEC. 501. WATER BASIN COMMISSION.

    A compact among the State of Oklahoma, the Choctaw Nation of 
Oklahoma, and the Chickasaw Nation, shall establish a State-tribal 
commission composed of an equal number of representatives from the 
tribes and nontribal residents of the respective water basin, for the 
purpose of administering and distributing any benefits and net revenues 
from the sale of water within the respective basin to the Choctaw 
Nation of Oklahoma, the Chickasaw Nation, and local public entities. 
Any sale of water to entities outside the water basin must be 
consistent with the compact and by the State-tribal commission for the 
respective water basin within the boundaries of the Choctaw Nation of 
Oklahoma and the Chickasaw Nation. One of the tribal representatives of 
the State-tribal commission shall be appointed by the Bureau of Indian 
Affairs regional office in Muskogee, Oklahoma.

            Passed the House of Representatives October 17, 2000.

            Attest:

                                                                 Clerk.
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