I 

107TH CONGRESS 

2D SESSION S. 1340

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 22, 2002

Referred to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

AN ACT

To amend the Indian Land Consolidation Act to provide 

for probate reform with respect to trust or restricted lands.

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 Probate Reform 

5 Act of 2002’’.
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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The General Allotment Act of 1887 

4 (commonly known as the ‘Dawes Act’), which au5 thorized the allotment of Indian reservations, did not 

6 allow Indian allotment owners to provide for the tes7 tamentary disposition of the land that was allotted 

8 to those owners. 

9 (2) The Dawes Act provided that allotments 

10 would descend according to State law of intestate 

11 succession based on the location of the allotment. 

12 (3) The Federal Government’s reliance on the 

13 State law of intestate succession with respect to the 

14 descendency of allotments has resulted in numerous 

15 problems affecting Indian tribes, their members, and 

16 the Federal Government. Those problems include—

17 (A) the increasing fractionated ownership 

18 of trust and restricted land as that land is in19 herited by successive generations of owners as 

20 tenants in common; 

21 (B) the application of different rules of in22 testate succession to each of a decedent’s inter23 ests in trust and restricted land if that land is 

24 located within the boundaries of more than 1 

25 State, which application makes probate plan26 ning unnecessarily difficult and impedes efforts 
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1 to provide probate planning assistance or ad2 vice; 

3 (C) the absence of a uniform general pro4 bate code for trust and restricted land which 

5 makes it difficult for Indian tribes to work co6 operatively to develop tribal probate codes; and 

7 (D) the failure of Federal law to address 

8 or provide for many of the essential elements of 

9 general probate law, either directly or by ref10 erence, which is unfair to the owners of trust 

11 and restricted land and their heirs and devisees 

12 and which makes probate planning more dif13 ficult. 

14 (4) Based on the problems identified in para15 graph (3), a uniform Federal probate code would 

16 likely—

17 (A) reduce the number of unnecessary 

18 fractionated interests in trust or restricted land; 

19 (B) facilitate efforts to provide probate 

20 planning assistance and advice; 

21 (C) facilitate inter-tribal efforts to produce 

22 tribal probate codes pursuant to section 206 of 

23 the Indian Land Consolidation Act (25 U.S.C. 

24 2205); and 
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1 (D) provide essential elements of general 

2 probate law that are not applicable on the date 

3 of enactment of this subtitle to interests in 

4 trust or restricted land. 

5 SEC. 3. INDIAN PROBATE REFORM. 

6 (a) TESTAMENTARY DISPOSITION.—Subsection (a) of 

7 section 207 of the Indian Land Consolidation Act (25 

8 U.S.C. 2206(a)) is amended to read as follows: 

9 ‘‘(a) TESTAMENTARY DISPOSITION.—

10 ‘‘(1) GENERAL DEVISE OF AN INTEREST IN

11 TRUST OR RESTRICTED LAND.—

12 ‘‘(A) IN GENERAL.—Subject to any appli13 cable Federal law relating to the devise or de14 scent of trust or restricted property, or a tribal 

15 probate code enacted pursuant to section 206, 

16 the owner of an interest in trust or restricted 

17 land may devise such an interest to the Indian 

18 tribe with jurisdiction over the land so devised, 

19 or to any Indian in trust or restricted status or 

20 as a passive trust interest (as provided for in 

21 section 207A). 

22 ‘‘(B) STATUS.—The devise of an interest 

23 in trust or restricted land to an Indian under 

24 subparagraph (A) shall not alter the status of 

25 such an interest as a trust or restricted interest 
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1 unless the testator provides that the interest is 

2 to be held as a passive trust interest. 

3 ‘‘(2) DEVISE OF TRUST OR RESTRICTED LAND

4 IN PASSIVE TRUST OR FEE STATUS.—

5 ‘‘(A) IN GENERAL.—Any interest in trust 

6 or restricted land that is not devised pursuant 

7 to paragraph (1) may only be devised—

8 ‘‘(i) as a life estate to any non-Indian 

9 person (the remainder interest may only be 

10 devised pursuant to clause (ii), subpara11 graph (C), or paragraph (1)(A)); 

12 ‘‘(ii)(I) to the testator’s lineal de13 scendant or heir of the 1st or 2nd degree 

14 as a passive trust interest (to be known as 

15 an ‘eligible passive trust devisee’); or 

16 ‘‘(II) if the testator does not have an 

17 heir of the 1st or 2nd degree or a lineal 

18 descendant, to any lineal descendant of a 

19 testator’s grandparent as a passive trust 

20 interest (to be known as an ‘eligible pas21 sive trust devisee’); or 

22 ‘‘(iii) in fee status as provided for in 

23 subparagraph (C). 

24 ‘‘(B) PRESUMED DEVISE OF PASSIVE

25 TRUST INTEREST.—Any devise to an eligible 
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1 passive trust devisee, including the devise of a 

2 remainder interest from the devise of a life es3 tate under subparagraph (A)(ii), that does not 

4 indicate whether the interest is devised as a 

5 passive trust interest or a fee interest shall be 

6 construed to devise a passive trust interest. 

7 ‘‘(C) DEVISE OF A FEE INTEREST.—Sub8 ject to subparagraph (D), any interest in trust 

9 or restricted land that is not devised pursuant 

10 to paragraph (1), or devised to an eligible pas11 sive trust devisee pursuant to subparagraph 

12 (A), may be devised to a non-Indian in fee sta13 tus. 

14 ‘‘(D) LIMITATION.—Any interest in trust 

15 or restricted land that is subject to section 4 of 

16 the Act of June 18, 1934 (25 U.S.C. 464) may 

17 only be devised pursuant to such section 4, sub18 paragraph (A) of this paragraph, or paragraph 

19 (1) of this subsection. 

20 ‘‘(3) DEVISE OF A PASSIVE TRUST INTEREST.—

21 ‘‘(A) IN GENERAL.—The holder of an in22 terest in trust or restricted land that is held as 

23 a passive trust interest may devise the interest 

24 as a passive trust interest only to—
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1 ‘‘(i) any Indian or the Indian tribe 

2 that exercises jurisdiction over the interest; 

3 ‘‘(ii) the holder’s lineal descendants or 

4 heirs of the first or second degree; 

5 ‘‘(iii) any living descendant of the de6 cedent from whom the holder acquired the 

7 interest by devise or descent; and 

8 ‘‘(iv) any person who owns a pre-exist9 ing interest or a passive trust interest in 

10 the same parcel of land if the pre-existing 

11 interest is held in trust or restricted status 

12 or in passive trust status. 

13 ‘‘(B) INELIGIBLE DEVISEES AND INTES14 TATE SUCCESSION.—A passive trust interest 

15 that is devised to a person who is not eligible 

16 under subparagraph (A) or that is not disposed 

17 of by a valid will shall pass pursuant to the ap18 plicable law of intestate succession as provided 

19 for in subsection (b).’’. 

20 (b) INTESTATE SUCCESSION.—Subsection (b) of sec21 tion 207 of the Indian Land Consolidation Act (25 U.S.C. 

22 2206(b)) is amended to read as follows: 

23 ‘‘(b) INTESTATE SUCCESSION.—

24 ‘‘(1) RULES OF DESCENT.—
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1 ‘‘(A) IN GENERAL.—Subject to any appli2 cable Federal law relating to the devise or de3 scent of trust or restricted property, any inter4 est in trust or restricted land that is not dis5 posed of by a valid will shall—

6 ‘‘(i) descend according to a tribal pro7 bate code that is approved pursuant to sec8 tion 206; or 

9 ‘‘(ii) in the case of an interest in trust 

10 or restricted land to which such a code 

11 does not apply, be considered an ‘intestate 

12 interest’ and descend pursuant to para13 graph (2), this Act, and other applicable 

14 Federal law. 

15 ‘‘(B) CLASSIFICATIONS.—For purposes of 

16 applying this subsection, intestate interests re17 ferred to in subparagraph (A)(ii) shall be classi18 fied as either—

19 ‘‘(i) a devise or inheritance interest 

20 (an interest acquired by a decedent 

21 through devise or inheritance); or 

22 ‘‘(ii) an acquired interest (an interest 

23 acquired by a decedent by any means other 

24 than devise or inheritance and an interest 
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1 acquired by a decedent through devise or 

2 inheritance)—

3 ‘‘(I) if the decedent—

4 ‘‘(aa) acquired additional 

5 undivided interests in the same 

6 parcel as the interest, by a means 

7 other than devise or inheritance; 

8 or 

9 ‘‘(bb) acquired land adjoin10 ing the parcel of land that in11 cludes the interest; or 

12 ‘‘(II) if the parcel of land that in13 cludes the interest includes the dece14 dent’s spouse’s residence. 

15 ‘‘(2) INTESTATE SUCCESSION.—An interest in 

16 trust or restricted land described in paragraph 

17 (1)(A)(ii) (an intestate interest) shall descend as 

18 provided for in this paragraph: 

19 ‘‘(A) SURVIVING INDIAN SPOUSE.—If a de20 cedent is survived by an Indian spouse and the 

21 decedent’s estate includes—

22 ‘‘(i) one or more acquired interests, 

23 the decedent’s spouse shall receive all such 

24 acquired interests; 
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1 ‘‘(ii) one or more devise or inheritance 

2 Interests, and—

3 ‘‘(I) the decedent is not survived 

4 by an Indian heir of the first or sec5 ond degree, the decedent’s spouse 

6 shall receive all such devise or inherit7 ance interests; or 

8 ‘‘(II) the decedent is survived by 

9 an Indian heir of the first or second 

10 degree, the decedent’s devise or inher11 itance interest shall descend pursuant 

12 to paragraph (3)(A). 

13 ‘‘(B) SURVIVING NON-INDIAN SPOUSE.—If 

14 a decedent is survived by a non-Indian spouse 

15 and the decedent’s estate includes—

16 ‘‘(i) one or more acquired interests, 

17 the decedent’s spouse shall receive a life 

18 estate in such acquired interest, and if the 

19 decedent is—

20 ‘‘(I) survived by an Indian heir of 

21 the 1st or 2nd degree, the remainder 

22 interests shall descend pursuant to 

23 paragraph (3)(A); or 

24 ‘‘(II) not survived by an Indian 

25 heir of the 1st or 2nd degree, the re-
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1 mainder interest shall descend pursu2 ant to paragraph (3)(C); or 

3 ‘‘(ii) one or more devise or inheritance 

4 interests, and the decedent is—

5 ‘‘(I) survived by an Indian heir of 

6 the 1st or 2nd degree, such devise or 

7 inheritance interests shall descend 

8 pursuant to paragraph (3)(A); or 

9 ‘‘(II) not survived by an Indian 

10 heir of the 1st or 2nd degree, such de11 vise or inheritance interest shall de12 scend pursuant to paragraph (3)(C). 

13 ‘‘(C) NO SURVIVING SPOUSE.—If the dece14 dent is not survived by a spouse, and the dece15 dent’s estate includes one or more acquired in16 terests or one or more devise or inheritance in17 terests and the decedent is—

18 ‘‘(i) survived by an Indian heir of the 

19 1st or 2nd degree, the acquired interests or 

20 devise or inheritance interests shall de21 scend pursuant to paragraph (3)(A); 

22 ‘‘(ii) not survived by an Indian heir of 

23 the 1st or 2nd degree, the acquired inter24 ests or devise or inheritance interests shall 

25 descend pursuant to paragraph (3)(C). 
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1 ‘‘(3) RULES APPLICABLE TO INTESTATE SUC2 CESSION.—

3 ‘‘(A) INDIAN HEIRS.—For purposes of this 

4 subsection, Indian heirs of the 1st or 2nd de5 gree shall inherit in the following order: 

6 ‘‘(i) The Indian children of the dece7 dent, in equal shares, or if one or more of 

8 those Indian children do not survive the 

9 decedent, such Indian children of the dece10 dent’s deceased child shall inherit by right 

11 of representation; 

12 ‘‘(ii) If the decedent has no Indian 

13 children or grandchildren (that take by 

14 representation under clause (i)), to the de15 cedent’s Indian brothers and sisters in 

16 equal shares. 

17 ‘‘(iii) If the decedent has no Indian 

18 brothers or sisters, to the decedent’s In19 dian parent or parents. 

20 ‘‘(B) RIGHT OF REPRESENTATION.—For 

21 purpose of this subsection, in any case involving 

22 the determination of a right of representation—

23 ‘‘(i) each interest in trust land shall 

24 be equally divided into a number of shares 

25 that equals the sum of—
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1 ‘‘(I) the number of surviving 

2 heirs in the nearest degree of kinship; 

3 and 

4 ‘‘(II) the number of deceased 

5 persons in that same degree, if any, 

6 who left issue who survive the dece7 dent; 

8 ‘‘(ii) each surviving heir described in 

9 clause (i)(I) shall receive 1 share; and 

10 ‘‘(iii)(I) each deceased person de11 scribed in clause (i)(II) shall receive 1 

12 share; and 

13 ‘‘(II) that share shall be divided 

14 equally among the surviving issue of the 

15 deceased person. 

16 ‘‘(C) NO INDIAN HEIRS.—

17 ‘‘(i) IN GENERAL.—For purposes of 

18 this subsection, if a decedent does not have 

19 an Indian heir of the 1st or 2nd degree, an 

20 interest shall descend to an Indian collat21 eral heir who is a co-owner of an interest 

22 owned by the decedent if any. 

23 ‘‘(ii) MULTIPLE COLLATERAL

24 HEIRS.—If—
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1 ‘‘(I) more than one Indian collat2 eral heir owns an interest in an inter3 est referred to in clause (i), the inter4 est shall descend to the collateral heir 

5 that owns the largest undivided inter6 est in the parcel; or 

7 ‘‘(II) two or more collateral heirs 

8 own equal shares in an interest re9 ferred to in clause (i), the interest 

10 passing pursuant to this subsection 

11 shall be divided equally between those 

12 collateral heirs that own equal shares. 

13 ‘‘(iii) NO OWNERSHIP.—If none of the 

14 decedent’s collateral heirs own an interest 

15 in the interest referred to in clause (i), the 

16 interest shall descend to the Indian tribe 

17 that exercises jurisdiction over the parcel 

18 of trust or restricted lands involved, sub19 ject to clause (iv). 

20 ‘‘(iv) ACQUISITION OF INTEREST.—

21 Notwithstanding clause (iii), an Indian co22 owner of a parcel of trust or restricted 

23 land may acquire an interest subject to 

24 such clause by paying into the decedent’s 

25 estate, before the close of the probate of 
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1 the decedent’s estate, the fair market value 

2 of the interest in such land. If more than 

3 1 Indian co-owner (including the Indian 

4 tribe referred to in clause (iii)) offers to 

5 pay for such an interest, the highest bidder 

6 shall acquire the interest. 

7 ‘‘(v) DEFINITION.—In this subpara8 graph, the term ‘collateral heir’ means the 

9 decedent’s aunt, uncle, niece, nephew, and 

10 first cousin. 

11 ‘‘(4) SPECIAL RULE RELATING TO SURVIVAL.—

12 For purposes of this section, an individual who fails 

13 to survive a decedent by at least 120 hours is 

14 deemed to have predeceased the decedent for the 

15 purposes of intestate succession, and the heirs of the 

16 decedent shall be determined accordingly. If it is not 

17 established by clear and convincing evidence that an 

18 individual who would otherwise be an heir survived 

19 the decedent by at least 120 hours, the individual 

20 shall be deemed to have failed to survive for the re21 quired time-period for the purposes of the preceding 

22 sentence. 

23 ‘‘(5) PRETERMITTED SPOUSES AND CHIL24 DREN.—
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1 ‘‘(A) SPOUSES.—For the purposes of this 

2 section, if the surviving spouse of a testator 

3 married the testator after the testator executed 

4 his or her will, the surviving spouse shall re5 ceive the intestate share in trust or restricted 

6 land that the spouse would have otherwise re7 ceived if the testator had died intestate. The 

8 preceding sentence shall not apply to an inter9 est in trust or restricted land where—

10 ‘‘(i) the will is executed before the 

11 date of enactment of this subsection; 

12 ‘‘(ii) the testator’s spouse is a non-In13 dian and the testator has devised his or 

14 her interests in trust or restricted land to 

15 an Indian or Indians; 

16 ‘‘(iii) it appears from the will or other 

17 evidence that the will was made in con18 templation of the testator’s marriage to 

19 the surviving spouse; 

20 ‘‘(iv) the will expresses the intention 

21 that it is to be effective notwithstanding 

22 any subsequent marriage; or 

23 ‘‘(v) the testator provided for the 

24 spouse by a transfer of funds or property 

25 outside of the will and an intent that the 
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1 transfer be in lieu of a testamentary provi2 sion is demonstrated by the testator’s 

3 statements or is reasonably inferred from 

4 the amount of the transfer or other evi5 dence. 

6 ‘‘(B) CHILDREN.—For the purposes of this 

7 section, if a testator executed his or her will 

8 prior to the birth or adoption of 1 or more chil9 dren of the testator and the omission is the 

10 product of inadvertence rather than an inten11 tional omission, those children shall share in the 

12 decedent’s intestate interests in trust or re13 stricted land as if the decedent had died intes14 tate. Any person recognized as an heir by virtue 

15 of adoption under the Act of July 8, 1940 (54 

16 Stat 746), shall be treated as a decedent’s child 

17 under this section. 

18 ‘‘(6) DIVORCE.—

19 ‘‘(A) SURVIVING SPOUSE.—

20 ‘‘(i) IN GENERAL.—For the purposes 

21 of this section, an individual who is di22 vorced from the decedent, or whose mar23 riage to the decedent has been annulled, 

24 shall not be considered to be a surviving 

25 spouse unless, by virtue of a subsequent 
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1 marriage, the individual is married to the 

2 decedent at the time of death. A decree of 

3 separation that does not terminate the sta4 tus of husband and wife shall not be con5 sidered a divorce for the purposes of this 

6 subsection. 

7 ‘‘(ii) RULE OF CONSTRUCTION.—

8 Nothing in clause (i) shall be construed to 

9 prevent an entity responsible for adjudi10 cating interests in trust or restricted land 

11 from giving force and effect to a property 

12 right settlement if one of the parties to the 

13 settlement dies before the issuance of a 

14 final decree dissolving the marriage of the 

15 parties to the property settlement. 

16 ‘‘(B) EFFECT OF SUBSEQUENT DIVORCE

17 ON A WILL OR DEVISE.—If after executing a 

18 will the testator is divorced or the marriage of 

19 the testator is annulled, upon the effective date 

20 of the divorce or annulment any disposition of 

21 interests in trust or restricted land made by the 

22 will to the former spouse shall be deemed to be 

23 revoked unless the will expressly provides other24 wise. Property that is prevented from passing 

25 to a former spouse based on the preceding sen-
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1 tence shall pass as if the former spouse failed 

2 to survive the decedent. Any provision of a will 

3 that is revoked solely by operation of this para4 graph shall be revived by the testator’s remar5 riage to the former spouse. 

6 ‘‘(7) NOTICE.—To the extent practicable, the 

7 Secretary shall notify the owners of trust and re8 stricted land of the provisions of this Act. The notice 

9 may, at the discretion of the Secretary, be provided 

10 together with the notice required under section 

11 207(g).’’. 

12 (c) RULE OF CONSTRUCTION.—Section 207 of the 

13 Indian Land Consolidation Act (25 U.S.C. 2206) is 

14 amended by adding at the end the following: 

15 ‘‘(h) RULE OF CONSTRUCTION.—For purposes of 

16 subsections (a) and (b), any reference to ‘applicable Fed17 eral law’ shall be construed to include Public Law 91-627 

18 (84 Stat. 1874, amending section 7 of the Act of August 

19 9, 1946), Public Law 92-377 (86 Stat. 530), and Public 

20 Law 92-443 (86 Stat. 744). Nothing in this section shall 

21 be construed to amend or alter such Public Laws or any 

22 other Federal law that provides for the devise and descent 

23 of any trust or restricted lands located on a specific Indian 

24 reservation.’’. 
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1 (d) PASSIVE TRUST STATUS FOR TRUST OR RE2 STRICTED LAND.—The Indian Land Consolidation Act is 

3 amended by inserting after section 207 (25 U.S.C. 2206) 

4 the following: 

5 ‘‘SEC. 207A. PASSIVE TRUST STATUS FOR TRUST OR RE6 STRICTED LAND. 

7 ‘‘(a) PASSIVE TRUST.—The owner of an interest in 

8 trust or restricted land may submit an application to the 

9 Secretary requesting that such interest be held in passive 

10 trust interest status. Such application may authorize the 

11 Secretary to amend or alter any existing lease or agree12 ment with respect to the interest that is the subject of 

13 the application. 

14 ‘‘(b) APPROVAL.—Upon the approval of an applica15 tion by the Secretary under subsection (a), an interest in 

16 trust or restricted land shall be held as a passive trust 

17 interest in accordance with this section. 

18 ‘‘(c) REQUIREMENTS.—Except as provided in this 

19 section, an interest in trust or restricted land that is held 

20 as a passive trust interest under this section—

21 ‘‘(1) shall continue to be covered under any ap22 plicable tax-exempt status and continue to be subject 

23 to any restrictions on alienation until such interest 

24 is patented in fee status; 
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1 ‘‘(2) may, without the approval of the Sec2 retary, be—

3 ‘‘(A) leased; 

4 ‘‘(B) mortgaged pursuant to the Act of 

5 March 29, 1956 (25 U.S.C. 483a); or 

6 ‘‘(C) sold or conveyed to an Indian, the In7 dian tribe that exercises jurisdiction over the in8 terest, or a co-owner of an interest in the same 

9 parcel of land if the co-owner owns a pre-exist10 ing trust, restricted interest, or a passive trust 

11 interest in the parcel; and 

12 ‘‘(3) may be subject to an ordinance or resolu13 tion enacted under subsection (d). 

14 ‘‘(d) ORDINANCE OR RESOLUTION FOR REMOVAL OF

15 STATUS.—

16 ‘‘(1) IN GENERAL.—The governing body of the 

17 Indian tribe that exercises jurisdiction over an inter18 est in trust or restricted land that is held as a pas19 sive trust interest in accordance with this section 

20 may enact an ordinance or resolution to allow the 

21 owner of such an interest to apply to the Secretary 

22 for the removal of the trust or restricted status of 

23 such portion of such lands that are subject to the 

24 tribe’s jurisdiction. 
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1 ‘‘(2) REVIEW BY SECRETARY.—The Secretary 

2 shall review and may approve an ordinance or reso3 lution enacted by an Indian tribe pursuant to para4 graph (1) if the Secretary determines that the ordi5 nance or resolution is consistent with this Act and 

6 will not increase fractionated ownership of Indian 

7 land. 

8 ‘‘(e) REVENUES OR ROYALTIES.—

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), the Secretary shall not be responsible for 

11 the collection of or accounting for any lease revenues 

12 or royalties accruing to an interest held as a passive 

13 trust interest by any person under this section. 

14 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

15 apply to an interest described in such paragraph if 

16 the Secretary approves an application to have such 

17 interest be taken into active trust status on behalf 

18 of an Indian or an Indian tribe pursuant to regula19 tions enacted by the Secretary. 

20 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection shall be construed to alter the au22 thority or responsibility of the Secretary, if any, with 

23 respect to an interest in trust or restricted land held 

24 in active trust status, including an undivided inter-
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1 est within the same parcel of land as an undivided 

2 passive trust interest. 

3 ‘‘(f) JURISDICTION OVER PASSIVE TRUST INTER4 EST.—An Indian tribe that exercises jurisdiction over an 

5 interest in trust or restricted land that is devised or held 

6 as a passive trust interest under this section shall continue 

7 to exercise jurisdiction over the land that is held as a pas8 sive trust interest and any person holding, leasing, or oth9 erwise using such land shall be deemed to have consented 

10 to the jurisdiction of such a tribe with respect to the use 

11 of such land, including any impacts associated with any 

12 use of such lands. 

13 ‘‘(g) PROBATE OF PASSIVE TRUST INTERESTS.—An 

14 interest in trust or restricted land that is held as a passive 

15 trust interest under this section shall be subject to probate 

16 by the Secretary pursuant to this Act and other laws ap17 plicable to the probate of trust or restricted land. Any in18 terested party may file an application to commence the 

19 probate of an interest in trust or restricted land held as 

20 a passive trust interest. 

21 ‘‘(h) REGULATIONS.—The Secretary shall promul22 gate regulations to implement this section.’’. 

23 (e) PARTITION.—Section 205 of the Indian Land 

24 Consolidation Act (25 U.S.C. 2204) is amended by adding 

25 at the end the following: 
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1 ‘‘(c) PARTITION.—

2 ‘‘(1) IN GENERAL.—Notwithstanding any other 

3 provision of law, in accordance with this subsection 

4 and subject to paragraphs (2), (3), and (4)—

5 ‘‘(A) an Indian tribe may apply to the Sec6 retary for the partition of a parcel of land that 

7 is—

8 ‘‘(i) located within the reservation of 

9 the Indian tribe; or 

10 ‘‘(ii) otherwise under the jurisdiction 

11 of the Indian tribe; and 

12 ‘‘(B) the Secretary may commence a proc13 ess for partitioning a parcel of land as provided 

14 for in paragraphs (2)(B) and (6)(B), if—

15 ‘‘(i) an Indian tribe owns an undi16 vided interest in the parcel of land and 

17 such tribe consents to the partition; 

18 ‘‘(ii)(I) the tribe referred to in clause 

19 (i) meets the ownership requirement of 

20 clauses (i) or (ii) of paragraph (2)(B); or 

21 ‘‘(II) the Secretary determines that it 

22 is reasonable to believe that the partition 

23 would be in accordance with paragraph 

24 (2)(B)(iii); and 
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1 ‘‘(iii) the tribe referred to in para2 graph (3), if any, consents to the partition. 

3 For purposes of this subsection, the term ‘eligible 

4 Indian tribe’ means an Indian tribe described in sub5 paragraph (A) and (B)(i). 

6 ‘‘(2) TRIBAL OWNERSHIP.—A parcel of land 

7 may be partitioned under this subsection if, with re8 spect to the eligible Indian tribe involved—

9 ‘‘(A) the tribe owns an undivided interest 

10 in the parcel of land; and 

11 ‘‘(B)(i) the tribe owns 50 percent or more 

12 of the undivided interest in the parcel; 

13 ‘‘(ii) the tribe is the owner of the largest 

14 quantity of undivided interest in the parcel; or 

15 ‘‘(iii) the owners of undivided interests 

16 equal to at least 50 percent of the undivided in17 terests in the parcel (including any undivided 

18 interest owned by the tribe) consent or do not 

19 object to the partition. 

20 ‘‘(3) TRIBAL CONSENT.—A parcel of land that 

21 is located within the reservation of an Indian tribe 

22 or otherwise under the jurisdiction of an Indian tribe 

23 shall be partitioned under this subsection only if the 

24 Indian tribe does not object to the partition. 
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1 ‘‘(4) APPLICABILITY.—This subsection shall not 

2 apply to any parcel of land that is the bona fide resi3 dence of any person unless the person consents to 

4 the partition in writing. 

5 ‘‘(5) PARTITION IN KIND.—

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 commence the partition process described in 

8 subparagraph (B) if—

9 ‘‘(i) an eligible Indian tribe applies to 

10 partition a parcel of land under this para11 graph; and 

12 ‘‘(ii)(I) the Secretary determines that 

13 the Indian tribe meets the applicable own14 ership requirements of clause (i) or (ii) of 

15 paragraph (2)(B); or 

16 ‘‘(II) the Secretary determines that it 

17 is reasonable to believe that the partition 

18 would be in accordance with paragraph 

19 (2)(B)(iii). 

20 ‘‘(B) PARTITION PROCESS.—In carrying 

21 out any partition, the Secretary shall—

22 ‘‘(i) provide, to each owner of any un23 divided interest in the parcel to be parti24 tioned, through publication or other appro-
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1 priate means, notice of the proposed parti2 tion; 

3 ‘‘(ii) make available to any interested 

4 party a copy of any proposed partition 

5 plan submitted by an Indian tribe or pro6 posed by the Secretary; and 

7 ‘‘(iii) review—

8 ‘‘(I) any proposed partition plan 

9 submitted by any owner of an undi10 vided interest in the parcel; and 

11 ‘‘(II) any comments or objections 

12 concerning a partition, or any pro13 posed plan of partition, submitted by 

14 any owner or any other interested 

15 party. 

16 ‘‘(C) DETERMINATION NOT TO PARTI17 TION.—If the Secretary determines that a par18 cel of land cannot be partitioned in a manner 

19 that is fair and equitable to the owners of the 

20 parcel, the Secretary shall inform each owner of 

21 the parcel of—

22 ‘‘(i) the determination of the Sec23 retary; and 

24 ‘‘(ii) the right of the owner to appeal 

25 the determination. 
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1 ‘‘(D) PARTITION WITH CONSENT OF

2 QUALIFIED INDIAN TRIBE.—If the Secretary de3 termines that a parcel of land may be parti4 tioned in a manner that is fair and equitable to 

5 the owners of the parcel, and the Indian tribe 

6 meets the applicable ownership requirements 

7 under clause (i) or (ii) of paragraph (2)(B), the 

8 Secretary shall—

9 ‘‘(i) approve a plan of partition; 

10 ‘‘(ii) provide notice to the owners of 

11 the parcel of the determination of the Sec12 retary; 

13 ‘‘(iii) make a copy of the plan of par14 tition available to each owner of the parcel; 

15 and 

16 ‘‘(iv) inform each owner of the right 

17 to appeal the determination of the Sec18 retary to partition the parcel in accordance 

19 with the plan. 

20 ‘‘(E) PARTITION WITH CONSENT; IMPLIED

21 CONSENT.—If the Secretary determines that a 

22 parcel may be partitioned in a manner that is 

23 fair and equitable to the owners of the parcel, 

24 but the Indian tribe involved does not meet the 

25 applicable ownership requirements under clause 
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1 (i) or (ii) of paragraph (2)(B), the Secretary 

2 shall—

3 ‘‘(i)(I) make a plan of partition avail4 able to the owners of the parcel; and 

5 ‘‘(II) inform the owners that the par6 cel will be partitioned in accordance with 

7 the plan if the owners of 50 percent or 

8 more of undivided ownership interest in 

9 the parcel either—

10 ‘‘(aa) consent to the partition; or 

11 ‘‘(bb) do not object to the parti12 tion by such deadline as may be es13 tablished by the Secretary; 

14 ‘‘(ii) if the owners of 50 percent or 

15 more of undivided ownership interest in 

16 the parcel consent to the partition or do 

17 not object by a deadline established by the 

18 Secretary under clause (i)(II)(bb), inform 

19 the owners of the parcel that—

20 ‘‘(I) the plan for partition is 

21 final; and 

22 ‘‘(II) the owners have the right 

23 to appeal the determination of the 

24 Secretary to partition the parcel; and 
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1 ‘‘(iii) if the owners of 50 percent or 

2 more of the undivided ownership interest 

3 in the parcel object to the partition, inform 

4 the Indian tribe of the objection. 

5 ‘‘(F) SUCCESSIVE PARTITION PLANS.—In 

6 carrying out subparagraph (E) in accordance 

7 with paragraph (2)(B)(iii), the Secretary may, 

8 in accordance with subparagraph (E)—

9 ‘‘(i) approve 1 or more successive 

10 plans of partition; and 

11 ‘‘(ii) make those plans available to the 

12 owners of the parcel. 

13 ‘‘(G) PLAN OF PARTITION—A plan of par14 tition approved by the Secretary in accordance 

15 with subparagraph (D) or (E)—

16 ‘‘(i) may determine that 1 or more of 

17 the undivided interests in a parcel are not 

18 susceptible to a partition in kind; 

19 ‘‘(ii) may provide for the sale or ex20 change of those undivided interests to—

21 ‘‘(I) 1 or more of the owners of 

22 undivided interests in the parcel; or 

23 ‘‘(II) the Secretary in accordance 

24 with section 213; and 
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1 ‘‘(iii) shall provide that the sale of any 

2 undivided interest referred to in clause (ii) 

3 shall be for not less than the fair market 

4 value of the interest. 

5 ‘‘(6) PARTITION BY SALE.—

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 commence the partition process described in 

8 subparagraph (B) if—

9 ‘‘(i) an eligible Indian tribe applies to 

10 partition a parcel of land under this sub11 section; and 

12 ‘‘(ii)(I) the Secretary determines that 

13 the Indian tribe meets the applicable own14 ership requirements of clause (i) or (ii) of 

15 paragraph (2)(B); or 

16 ‘‘(II) the Secretary determines that it 

17 is reasonable to believe that the partition 

18 would be in accordance with paragraph 

19 (2)(B)(iii). 

20 ‘‘(B) PARTITION PROCESS.—In carrying 

21 out any partition of a parcel, the Secretary—

22 ‘‘(i) shall conduct a preliminary ap23 praisal of the parcel; 
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1 ‘‘(ii) shall provide, to the owners of 

2 the parcel, through publication or other ap3 propriate means—

4 ‘‘(I) notice of the application of 

5 the Indian tribe to partition the par6 cel; and 

7 ‘‘(II) access to the preliminary 

8 appraisal conducted in accordance 

9 with clause (i); 

10 ‘‘(iii) shall inform each owner of the 

11 parcel of the right to submit to the Sec12 retary comments relating to the prelimi13 nary appraisal; 

14 ‘‘(iv) may, based on comments re15 ceived under clause (iii), modify the pre16 liminary appraisal or provide for the con17 duct of a new appraisal; and 

18 ‘‘(v) shall—

19 ‘‘(I) issue a final appraisal for 

20 the parcel; 

21 ‘‘(II) provide to the owners of the 

22 parcel and the appropriate Indian 

23 tribes access to the final appraisal; 

24 and 
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1 ‘‘(III) inform the Indian tribes of 

2 the right to appeal the final appraisal. 

3 ‘‘(C) PURCHASE BY QUALIFIED INDIAN

4 TRIBE.—If an eligible Indian tribe agrees to 

5 pay fair market value for a partitioned parcel, 

6 as determined by the final appraisal of the par7 cel issued under subparagraph (B)(v)(I) 

8 (including any appraisal issued by the Secretary 

9 after an appeal by the Indian tribe under sub10 paragraph (B)(v)(III)), and the Indian tribe 

11 meets the applicable ownership requirements of 

12 clause (i) or (ii) of paragraph (2)(B), the Sec13 retary shall—

14 ‘‘(i) provide to each owner of the par15 cel notice of the decision of the Indian 

16 tribe; and 

17 ‘‘(ii) inform the owners of the right to 

18 appeal the decision (including the right to 

19 appeal any final appraisal of the parcel re20 ferred to in subparagraph (B)(v)(III)). 

21 ‘‘(D) PARTITION WITH CONSENT; IMPLIED

22 CONSENT.—

23 ‘‘(i) IN GENERAL.—If an eligible In24 dian tribe agrees to pay fair market value 

25 for a partitioned parcel, as determined by 
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1 the final appraisal of the parcel issued 

2 under subparagraph (B)(v)(I) (including 

3 any appraisal issued by the Secretary after 

4 an appeal by the Indian tribe under sub5 paragraph (B)(v)(III)), but does not meet 

6 the applicable ownership requirements of 

7 clause (i) or (ii) of paragraph (2)(B), the 

8 Secretary shall—

9 ‘‘(I) provide notice to the owners 

10 of the undivided interest in the parcel; 

11 and 

12 ‘‘(II) inform the owners that the 

13 parcel will be partitioned by sale un14 less the partition is opposed by the 

15 owners of 50 percent or more of the 

16 undivided ownership interest in the 

17 parcel. 

18 ‘‘(ii) FAILURE TO OBJECT TO PARTI19 TION.—If the owners of 50 percent or 

20 more of undivided ownership interest in or 

21 to a parcel consent to the partition or the 

22 parcel, or do not object to the partition by 

23 such deadline as may be established by the 

24 Secretary, the Secretary shall inform the 

25 owners of the parcel of the right to appeal 
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1 the determination of the Secretary 

2 (including the results of the final appraisal 

3 issued under subparagraph (B)(v)(I)). 

4 ‘‘(iii) OBJECTION TO PARTITION.—If 

5 the owners of 50 percent or more of the 

6 undivided ownership interest in a parcel 

7 object to the partition of the parcel—

8 ‘‘(I) the Secretary shall notify the 

9 Indian tribe of the objection; and 

10 ‘‘(II) the Indian tribe and the 

11 Secretary may agree to increase the 

12 amount offered to purchase the undi13 vided ownership interests in the par14 cel. 

15 ‘‘(7) ENFORCEMENT.—

16 ‘‘(A) IN GENERAL.—If, with respect to a 

17 parcel, a partition in kind is approved under 

18 subparagraph (D) or (E) of paragraph (5), or 

19 a partition by sale is approved under paragraph 

20 (6)(C), and the owner of an interest in or to the 

21 parcel fails or refuses to convey the interest to 

22 the Indian tribe, the Indian tribe or the United 

23 States may—
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1 ‘‘(i) bring a civil action in the United 

2 States district court for the district in 

3 which the parcel is located; and 

4 ‘‘(ii) request the court to issue an ap5 propriate order for the partition in kind, or 

6 partition by sale to the Indian tribe, of the 

7 parcel. 

8 ‘‘(B) FEDERAL ROLE.—With respect to 

9 any civil action brought under subparagraph 

10 (A)—

11 ‘‘(i) the United States—

12 ‘‘(I) shall receive notice of the 

13 civil action; and 

14 ‘‘(II) may be a party to the civil 

15 action; and 

16 ‘‘(ii) no civil action brought under this 

17 section shall be dismissed, and no relief re18 quested shall be denied, on the ground that 

19 the civil action is against the United States 

20 or that the United States is an indispen21 sable party.’’. 

22 SEC. 4. OTHER AMENDMENTS. 

23 (a) OTHER AMENDMENTS.—The Indian Land Con24 solidation Act (25 U.S.C. 2201 et seq.) is amended—
37

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1 (1) in section 205(a) (25 U.S.C. 2204(a)), by 

2 striking ‘‘over 50 per centum of the undivided inter3 ests’’ and inserting ‘‘undivided interests equal to at 

4 least 50 percent of the undivided interest’’; 

5 (2) in section 206 (25 U.S.C. 2205)—

6 (A) in subsection (a), by striking para7 graph (3) and inserting the following: 

8 ‘‘(3) TRIBAL PROBATE CODES.—The Secretary 

9 shall not approve a tribal probate code, or an 

10 amendment to such a code, that prevents the devise 

11 of an interest in trust or restricted land to—

12 ‘‘(A) an Indian lineal descendant of the 

13 original allottee; or 

14 ‘‘(B) to an Indian who is not a member of 

15 the tribe that exercises jurisdiction over such an 

16 interest; 

17 unless the code provides for the renouncing of inter18 ests (to eligible devisees pursuant to such a code), 

19 the opportunity for a devisee who is the testator’s 

20 spouse or lineal descendant to reserve a life estate, 

21 and payment of fair market value in the manner 

22 prescribed under subsection (c)(2).’’; 

23 (B) in subsection (c)(1)—
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1 (i) by striking ‘‘section 207(a)(6)(A)’’ 

2 and inserting ‘‘sections 207(a)(2)(A)(ii), 

3 207(a)(2)(C), and 207(a)(3)’’; and 

4 (ii) by striking the last sentence and 

5 inserting ‘‘The Secretary shall transfer 

6 such payments to any person or persons 

7 who would have received an interest in 

8 land if the interest had not been acquired 

9 by the tribe pursuant to this paragraph.’’; 

10 and 

11 (C) in subsection (c)(2)—

12 (i) in subparagraph (A)—

13 (I) by striking ‘‘(A) IN GEN14 ERAL.—Paragraph’’ and inserting the 

15 following: 

16 ‘‘(A) NONAPPLICABILITY TO CERTAIN IN17 TERESTS.—

18 ‘‘(i) IN GENERAL.—Paragraph’’; 

19 (II) by striking ‘‘if, while’’ and 

20 inserting the following: ‘‘if—

21 ‘‘(I) while’’; 

22 (III) by striking the period and 

23 inserting ‘‘; or’’; and 

24 (IV) by adding at the end the fol25 lowing: 
39

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1 ‘‘(II) the interest is part of a 

2 family farm that is devised to a mem3 ber of the decedent’s family if the dev4 isee agrees that the Indian tribe that 

5 exercises jurisdiction over the land 

6 will have the opportunity to acquire 

7 the interest for fair market value if 

8 the interest is offered for sale to an 

9 entity that is not a member of the 

10 family of the owner of the land. 

11 ‘‘(ii) RECORDING OF INTEREST.—

12 Upon the request of an Indian tribe de13 scribed in clause (i)(II), a restriction relat14 ing to the acquisition by such tribe of an 

15 interest in the family farm involved shall 

16 be recorded as part of the deed relating to 

17 the interest involved. 

18 ‘‘(iii) RULE OF CONSTRUCTION.—

19 Nothing in clause (i)(II) shall be construed 

20 to prevent or limit the ability of an owner 

21 of land to which that clause applies to 

22 mortgage the land or to limit the right of 

23 the entity holding such a mortgage to fore24 close or otherwise enforce such a mortgage 

25 agreement pursuant to applicable law. 
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1 ‘‘(iv) DEFINITION.—In this para2 graph, the term ‘member of the decedent’s 

3 family’ means the decedent’s lineal de4 scendant, a lineal descendant of the grand5 parent of the decedent, the spouse of any 

6 such descendant, or the decedent’s 

7 spouse.’’; and 

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

9 ‘‘subparagraph (A)’’ and all that follows 

10 through ‘‘207(a)(6)(B)’’ and inserting 

11 ‘‘paragraph (1)’’; and 

12 (3) in section 207 (25 U.S.C. 2206)—

13 (A) in subsection (c)—

14 (i) by redesignating paragraph (3) as 

15 paragraph (4); and 

16 (ii) by inserting after paragraph (2) 

17 the following: 

18 ‘‘(3) ALIENATION OF JOINT TENANCY INTER19 ESTS.—

20 ‘‘(A) IN GENERAL.—With respect to any 

21 interest held as a joint tenancy pursuant to this 

22 subsection—

23 ‘‘(i) nothing in this subsection shall be 

24 construed to alter the ability of the owner 

25 of such an interest to convey a life estate 
41

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1 in the owner’s undivided joint tenancy in2 terest; and 

3 ‘‘(ii) only the last remaining owner of 

4 such an interest may devise or convey 

5 more than a life estate in such an interest. 

6 ‘‘(B) APPLICATION OF PROVISION.—This 

7 paragraph shall not apply to any conveyance, 

8 sale, or transfer that is part of an agreement 

9 referred to in subsection (e) or to a co-owner of 

10 a joint tenancy interest.’’; and 

11 (B) in subsection (g)(5), by striking ‘‘this 

12 section’’ and inserting ‘‘subsections (a) and 

13 (b)’’; 

14 (4) in section 213 (25 U.S.C. 2212)—

15 (A) in subsection (a)(2), by striking ‘‘(A) 

16 IN GENERAL.—’’ and all that follows through 

17 ‘‘subparagraph (A), the Secretary’’ and insert18 ing ‘‘The Secretary’’; 

19 (B) in subsection (b)(4), by inserting be20 fore the period the following: ‘‘through the use 

21 of policies and procedures designed to accom22 modate the voluntary sale of interests under the 

23 pilot program (established by this Act) though 

24 the elimination of duplicate conveyance docu25 ments, administrative proceedings, and trans-
42

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1 actions, notwithstanding the existence of any 

2 otherwise applicable policy, procedure, or regu3 lation’’; and 

4 (C) in subsection (c)—

5 (i) in paragraph (1)(A), by striking 

6 ‘‘landowner upon payment’’ and all that 

7 follows through the period and inserting 

8 the following: ‘‘landowner—

9 ‘‘(i) upon payment by the Indian land10 owner of the amount paid for the interest 

11 by the Secretary; or 

12 ‘‘(ii) if the Indian referred to in this 

13 subparagraph provides assurance that the 

14 purchase price will be paid by pledging rev15 enue from any source, including trust re16 sources, and the Secretary determines that 

17 the purchase price will be paid in a timely 

18 and efficient manner.’’; 

19 (ii) in paragraph (1)(B), by inserting 

20 ‘‘unless the interest is subject to a fore21 closure of a mortgage pursuant to the Act 

22 of March 29, 1956 (25 U.S.C. 483a)’’ be23 fore the period; and 
43

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1 (iii) in paragraph (3), by striking ‘‘10 

2 percent of more of the undivided interests’’ 

3 and inserting ‘‘an undivided interest’’; 

4 (5) in section 214 (25 U.S.C. 2213), by striking 

5 subsection (b) and inserting the following: 

6 ‘‘(b) APPLICATION OF REVENUE FROM ACQUIRED

7 INTERESTS TO LAND CONSOLIDATION PILOT PRO8 GRAM.—

9 ‘‘(1) IN GENERAL.—The Secretary shall have a 

10 lien on any revenue accruing to an interest described 

11 under subsection (a) until the Secretary provides for 

12 the removal of the lien under paragraph (3) or (4). 

13 ‘‘(2) REQUIREMENTS.—Until Secretary removes 

14 the lien from an interest of land as provided for in 

15 paragraph (1)—

16 ‘‘(A) any lease, resource sale contract, 

17 right-of-way, or other document evidencing a 

18 transaction affecting the interest shall contain a 

19 clause providing that all revenue derived from 

20 the interest shall be paid to the Secretary; 

21 ‘‘(B) any revenue derived from any interest 

22 acquired by the Secretary pursuant to section 

23 213 shall be paid into the fund created under 

24 section 216; and 
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1 ‘‘(C) the Secretary may approve a trans2 action covered under this section on behalf of a 

3 tribe notwithstanding any other provision of 

4 law, including section 16 of the Act of June 18, 

5 1934 (commonly referred to as the Indian Re6 organization Act, (25 U.S.C. 476)). 

7 ‘‘(3) FINDINGS BY SECRETARY.—The Secretary 

8 may remove a lien referred to in (1) if the Secretary 

9 makes a finding that—

10 ‘‘(A) the costs of administering the interest 

11 will equal or exceed the projected revenues for 

12 the parcel of land involved; 

13 ‘‘(B) in the discretion of the Secretary, it 

14 will take an unreasonable period of time for the 

15 parcel of land to generate revenue that equals 

16 the purchase price paid for the interest; or 

17 ‘‘(C) a subsequent decrease in the value of 

18 land or commodities associated with the parcel 

19 of land make it likely that the interest will be 

20 unable to generate revenue that equals the pur21 chase price paid for the interest in a reasonable 

22 time. 

23 ‘‘(4) REMOVAL OF LIEN.—Pursuant to the con24 sultations referred to in section 213(b)(3), the Sec25 retary shall periodically remove the lien referred to 
45

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1 in paragraph (1) from interests in land acquired by 

2 the Secretary.’’; 

3 (6) in section 216 (25 U.S.C. 2215)—

4 (A) in subsection (a), strike paragraph (2) 

5 and insert the following: 

6 ‘‘(2) collect all revenues received from the lease, 

7 permit, or sale of resources from interests acquired 

8 under section 213 or paid by Indian landowners 

9 under section 213.’’; and 

10 (B) in subsection (b)—

11 (i) in paragraph (1)—

12 (I) in the matter preceding sub13 paragraph (A), by striking ‘‘Subject 

14 to paragraph (2), all’’ and inserting 

15 ‘‘All’’; 

16 (II) in subparagraph (A), by 

17 striking ‘‘and’’ at the end; 

18 (III) in subparagraph (B), by 

19 striking the period and inserting ‘‘; 

20 and’’; and 

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

23 ‘‘(C) be used to acquire undivided interests 

24 on the reservation where the income was de25 rived.’’; and 
46

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1 (ii) by striking paragraph (2) and in2 serting the following: 

3 ‘‘(2) USE OF FUNDS.—The Secretary may uti4 lize the revenue deposited in the Acquisition Fund 

5 under paragraph (1) to acquire some or all of the 

6 undivided interests in any parcels of land pursuant 

7 to section 205.’’; 

8 (7) in section 217 (25 U.S.C. 2216)—

9 (A) in subsection (e)(3), by striking 

10 ‘‘prospective applicants for the leasing, use, or 

11 consolidation of’’ and insert ‘‘any person that is 

12 leasing, using or consolidating, or is applying 

13 to, lease, use, or consolidate,’’; and 

14 (B) by striking subsection (f) and inserting 

15 the following: 

16 ‘‘(f) PURCHASE OF LAND BY TRIBE.—

17 ‘‘(1) IN GENERAL.—Before the Secretary ap18 proves an application to terminate the trust status 

19 or remove the restrictions on alienation from a par20 cel of trust or restricted land, the Indian tribe that 

21 exercises jurisdiction over such a parcel shall have 

22 the opportunity to match any offer contained in such 

23 application, or where there is no purchase price of24 fered, to acquire the interest in such land by paying 

25 the fair market value of such interest. 
47

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1 ‘‘(2) EXCEPTION FOR FAMILY FARMS.—Para2 graph (1) shall not apply to a parcel of trust or re3 stricted land that is part of a family farm that is 

4 conveyed to a member of the landowner’s family (as 

5 defined in section 206(c)(2)(A)(iv)) if the tribe that 

6 exercises jurisdiction over the land is afforded the 

7 opportunity to purchase the interest if the interest 

8 is offered for sale to an entity that is not a member 

9 of the family of the owner of the land. Section 

10 206(c)(2)(A) shall apply with respect to the record11 ing and mortgaging of the trust or restricted land 

12 referred to in the preceding sentence.’’; and 

13 (8) in section 219(b)(1)(A) (25 U.S.C. 

14 2219(b)(1)(A)), by striking ‘‘100’’ and inserting 

15 ‘‘90’’. 

16 (b) DEFINITION.—

17 (1) IN GENERAL.—Section 202(2) of the Indian 

18 Land Consolidation Act (25 U.S.C. 2201(2)) is 

19 amended—

20 (A) by striking ‘‘means any’’ and inserting 

21 the following: ‘‘means—

22 ‘‘(A) any’’; 

23 (B) by striking ‘‘or any person who has 

24 been found to meet’’ and inserting the fol25 lowing: ‘‘or 
48

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1 ‘‘(B) any person who meets’’; and 

2 (C) by striking ‘‘if the Secretary’’ and all 

3 that follows through the semicolon and insert4 ing ‘‘, except that the Secretary may promul5 gate regulations to exclude any definition if the 

6 Secretary determines that the definition is not 

7 consistent with the purposes of this Act, or 

8 ‘‘(C) with respect to the ownership, devise, 

9 or descent of trust or restricted land in the 

10 State of California, any person who meets the 

11 definition of Indians of California as contained 

12 in section 1 of the Act of May 18, 1928 (25 

13 U.S.C. 651), until otherwise provided by Con14 gress pursuant to section 809(b) of Public Law 

15 94-437 (25 U.S.C. 1679(b));’’. 

16 (2) EFFECTIVE DATE.—Any exclusion referred 

17 to in the amendment made by paragraph (1)(C) 

18 shall apply only to those decedents who die after the 

19 Secretary of the Interior promulgates the regulation 

20 providing for such exclusion. 

21 (c) MORTGAGES AND DEEDS OF TRUST.—The Act 

22 of March 29, 1956 (25 U.S.C. 483a) is amended in the 

23 first sentence of subsection (a) by inserting ‘‘(including 

24 land owned by any person in passive trust status pursuant 
49

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1 to section 207A of the Indian Land Consolidation Act)’’ 

2 after ‘‘land’’ the first place that such appears. 

3 (d) ISSUANCE OF PATENTS.—Section 5 of the Act of 

4 February 8, 1887 (25 U.S.C. 348) is amended by striking 

5 the second proviso and inserting the following: ‘‘Provided,

6 That the rules of intestate succession under the Indian 

7 Land Consolidation Act (25 U.S.C. 2201 et seq.) 

8 (including a tribal probate code approved under that Act 

9 or regulations promulgated under that Act) shall apply 

10 thereto after those patents have been executed and deliv11 ered:’’. 

12 (e) TRANSFERS OF RESTRICTED INDIAN LAND.—

13 Section 4 of the Act of June 18, 1934 (25 U.S.C. 464), 

14 is amended in the first proviso by striking ‘‘, in accordance 

15 with’’ and all that follows through the colon and inserting 

16 ‘‘in accordance with the Indian Land Consolidation Act 

17 (25 U.S.C. 2201 et seq.) (including a tribal probate code 

18 approved under that Act or regulations promulgated under 

19 that Act):’’. 

20 SEC. 5. EFFECTIVE DATE. 

21 This amendment made by this Act shall not apply 

22 to the estate of an individual who dies prior to the later 

23 of—

24 (1) the date that is 1 year after the date of en25 actment of this Act; or 
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1 (2) the date specified in section 207(g)(5) of 

2 the Indian Land Consolidation Act (25 U.S.C. 

3 2206(g)(5)).

Passed the Senate November 20, 2002. 

Attest: JERI THOMSON, 

Secretary.