II 

Calendar No. 766

107TH CONGRESS 

2D SESSION S. 1340

To amend the Indian Land Consolidation Act to provide for probate reform 

with respect to trust or restricted lands. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2001

Mr. CAMPBELL introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

NOVEMBER 19, 2002

Reported by Mr. INOUYE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

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 2001’’. 
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1 SEC. 2. AMENDMENTS TO THE INDIAN LAND CONSOLIDA2 TION ACT. 

3 (a) IN GENERAL.—The Indian Land Consolidation 

4 Act (25 U.S.C. 2201 et seq.) is amended by adding at 

5 the end the following: 

6 ‘‘Subtitle B—Indian Probate 

7 Reform 

8 ‘‘SEC. 231. FINDINGS. 

9 ‘‘Congress makes the following findings: 

10 ‘‘(1) The General Allotment Act of 1887 

11 (commonly known as the ‘‘Dawes Act’’), which au12 thorized the allotment of Indian reservations, did not 

13 allow Indian allotment owners to provide for the tes14 tamentary disposition of the land that was allotted 

15 to such owners. 

16 ‘‘(2) The Dawes Act provided that allotments 

17 would descend according to State law of intestate 

18 succession based on the location of the allotment. 

19 ‘‘(3) The Federal Government’s reliance on the 

20 State law of intestate succession with respect to the 

21 descendency of allotments has resulted in numerous 

22 problems to Indian tribes, their members, and the 

23 Federal Government. These problems include—

24 ‘‘(A) the increasing fractionated ownership 

25 of trust and restricted land as these lands are 
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1 inherited by successive generations of owners as 

2 tenants in common; 

3 ‘‘(B) the application of different rules of 

4 intestate succession to each of a decedent’s in5 terests in trust and restricted land if such land 

6 is located within the boundaries of different 

7 States which makes probate planning unneces8 sarily difficult and impedes efforts to provide 

9 probate planning assistance or advice; 

10 ‘‘(C) the absence of a uniform general pro11 bate code for trust and restricted land which 

12 makes it difficult for Indian tribes to work co13 operatively to develop tribal probate codes; and 

14 ‘‘(D) the failure of Federal law to address 

15 or provide for many of the essential elements of 

16 general probate law, either directly or by ref17 erence, which is unfair to the owners of trust 

18 and restricted land and their heirs and devisees 

19 and which makes probate planning more dif20 ficult. 

21 ‘‘(4) Based on the problems identified in para22 graph (3), a uniform Federal probate code would 

23 likely—

24 ‘‘(A) reduce the number of unnecessary 

25 fractionated interests in trust or restricted land; 
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1 ‘‘(B) facilitate efforts to provide probate 

2 planning assistance and advice; 

3 ‘‘(C) facilitate inter-tribal efforts to 

4 produce tribal probate codes pursuant to section 

5 206; and 

6 ‘‘(D) provide essential elements of general 

7 probate law that are not applicable on the date 

8 of enactment of this subtitle to interests in 

9 trust or restricted land. 

10 ‘‘SEC. 232. RULES RELATING TO INTESTATE INTERESTS 

11 AND PROBATE. 

12 ‘‘(a) IN GENERAL.—Any interest in trust or re13 stricted land that is not disposed of by a valid will shall—

14 ‘‘(1) descend according to a tribal probate code 

15 that is approved pursuant to section 206; or 

16 ‘‘(2) in the case of an interest in trust or re17 stricted land to which such a code does not apply, 

18 be considered an ‘intestate interest’ and descend 

19 pursuant to subsection (b), this Act, and other appli20 cable Federal law. 

21 ‘‘(b) INTESTATE SUCCESSION.—An interest in trust 

22 or restricted land described in subsection (a)(2) (intestate 

23 interest) shall descend as provided for in this subsection 

24 in the following order: 

25 ‘‘(1) SURVIVING INDIAN SPOUSE.—
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1 ‘‘(A) SOLE HEIR.—A surviving Indian 

2 spouse of the decedent shall receive all of the 

3 decedent’s intestate interests if no Indian child 

4 or grandchild of the decedent survives the dece5 dent. 

6 ‘‘(B) OTHER HEIRS.—A surviving Indian 

7 spouse of the decedent shall receive a one-half 

8 interest in each of the decedent’s intestate in9 terests if the decedent is also survived by In10 dian children or grandchildren. 

11 ‘‘(C) HEIRS OF THE FIRST OR SECOND DE12 GREE OTHER THAN SURVIVING INDIAN

13 SPOUSE.—The one-half interest in each of the 

14 decedent’s intestate interests that do not de15 scend to the surviving Indian spouse under sub16 paragraph (B) shall descend in the following 

17 order: 

18 ‘‘(i) To the Indian children of the de19 cedent in equal shares, or to the Indian 

20 grandchildren of the decedent, if any, in 

21 equal shares by right of representation if 1 

22 or more of the Indian children of the dece23 dent do not survive the decedent. 

24 ‘‘(ii) If the decedent is not survived by 

25 Indian children or grandchildren, to the 
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1 surviving Indian parent of the decedent, or 

2 to both of the surviving Indian parents of 

3 the decedent as joint tenants with the right 

4 of survivorship. 

5 ‘‘(iii) If the decedent is not survived 

6 by any person who is eligible to inherit 

7 under clause (i) or (ii), to the surviving In8 dian brothers and sisters of the decedent. 

9 ‘‘(iv) If the decedent is not survived 

10 by any person who is eligible to inherit 

11 under clause (i), (ii), or (iii), the intestate 

12 interests shall descend, or may be ac13 quired, as provided for in section 

14 207(a)(3)(B), 207(a)(4), or 207(a)(5). 

15 ‘‘(2) NO SURVIVING INDIAN SPOUSE.—If the 

16 decedent is not survived by an Indian spouse, the in17 testate interests of the decedent shall descend to the 

18 individuals described in subparagraphs (A) through 

19 (D) who survive the decedent in the following order: 

20 ‘‘(A) To the Indian children of the dece21 dent in equal shares, or to the Indian grand22 children of the decedent, if any, in equal shares 

23 by right of representation if 1 or more of the 

24 Indian children of the decedent do not survive 

25 the decedent. 
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1 ‘‘(B) If the decedent is not survived by In2 dian children or grandchildren, to the surviving 

3 Indian parent of the decedent, or to both of the 

4 surviving Indian parents of the decedent as 

5 joint tenants with the right of survivorship. 

6 ‘‘(C) If the decedent is not survived by any 

7 person who is eligible to inherit under subpara8 graph (A) or (B), to the surviving Indian broth9 ers and sisters of the decedent. 

10 ‘‘(D) If the decent is not survived by any 

11 person who is eligible to inherit under subpara12 graph (A), (B), or (C), the intestate interests 

13 shall descend, or may be acquired, as provided 

14 for in section 207(a)(3)(B), 207(a)(4), or 

15 207(a)(5). 

16 ‘‘(3) SURVIVING NON-INDIAN SPOUSE.—

17 ‘‘(A) NO DESCENDANTS.—A surviving non18 Indian spouse of the decedent shall receive a 

19 life estate in each of the intestate interests of 

20 the decedent pursuant to section 207(b)(2) if 

21 the decedent is not survived by any children or 

22 grandchildren. 

23 ‘‘(B) DESCENDANTS.—A surviving non-In24 dian spouse of the decedent shall receive a life 

25 estate in one-half of the intestate interests of 
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1 the decedent pursuant to section 207(b)(2) if 

2 the decedent is survived by at least one of the 

3 children or grandchildren of the decedent. 

4 ‘‘(C) DESCENDANTS OTHER THAN SUR5 VIVING NON-INDIAN SPOUSE.—The one-half life 

6 estate interest in each of the decedent’s intes7 tate interests that do not descend to the sur8 viving non-Indian spouse under subparagraph 

9 (B) shall descend to the children of the dece10 dent in equal shares, or to the grandchildren of 

11 the decedent, if any, in equal shares by right of 

12 representation if 1 or more of the children of 

13 the decedent do not survive the decedent. 

14 ‘‘(4) NO SURVIVING SPOUSE OR INDIAN

15 HEIRS.—If the decedent is not survived by a spouse, 

16 a life estate in the intestate interests of the decedent 

17 shall descend in the following order: 

18 ‘‘(A) To the children of the decedent in 

19 equal shares, or to the grandchildren of the de20 cedent, if any, in equal shares by right of rep21 resentation if 1 or more of the children of the 

22 decedent do not survive the decedent. 

23 ‘‘(B) If the decedent has no surviving chil24 dren or grandchildren, to the surviving parents 

25 of the decedent. 
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1 ‘‘(5) REMAINDER INTEREST FROM LIFE ES2 TATES.—The remainder interest from a life estate 

3 established under paragraphs (3) and (4) shall de4 scend in the following order: 

5 ‘‘(A) To the Indian children of the dece6 dent in equal shares, or to the Indian grand7 children of the decedent, if any, in equal shares 

8 by right of representation if 1 or more of the 

9 children of the decedent do not survive the de10 cedent. 

11 ‘‘(B) If there are no surviving Indian chil12 dren or grandchildren of the decedent, to the 

13 surviving Indian parent of the decedent or to 

14 both of the surviving Indian parents of the de15 cedent as joint tenant with the right of survi16 vorship. 

17 ‘‘(C) If there is no surviving Indian child, 

18 grandchild, or parent, to the surviving Indian 

19 brothers or sisters of the decedent in equal 

20 shares. 

21 ‘‘(D) If there is no surviving Indian de22 scendant or parent, brother or sister, the intes23 tate interests of the decedent shall descend, or 

24 may be acquired, as provided for in section 

25 207(a)(3)(B), 207(a)(4), or 207(a)(5). 
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1 ‘‘(c) SPECIAL RULE RELATING TO SURVIVAL.—For 

2 purposes of this section, an individual who fails to survive 

3 a decedent by at least 120 hours is deemed to have pre4 deceased the decedent for purposes of intestate succession, 

5 and the heirs of the decedent shall be determined accord6 ingly. If it is not established by clear and convincing evi7 dence that an individual who would otherwise be an heir 

8 survived the decedent by at least 120 hours, such indi9 vidual shall be deemed to have failed to survive for the 

10 required time-period for purposes of the preceding sen11 tence. 

12 ‘‘(d) PRETERMITTED SPOUSES AND CHILDREN.—

13 ‘‘(1) SPOUSES.—For purposes of this section, if 

14 the surviving spouse of a testator married the tes15 tator after the testator executed his or her will, the 

16 surviving spouse shall receive the intestate share in 

17 trust or restricted land that such spouse would have 

18 otherwise received if the testator had died intestate. 

19 The preceding sentence shall not apply to an interest 

20 in trust or restricted lands where—

21 ‘‘(A) the will is executed before the date 

22 specified in section 234(a); 

23 ‘‘(B) the testator’s spouse is a non-Indian 

24 and the testator has devised his or her interests 
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1 in trust or restricted land to an Indian or Indi2 ans; 

3 ‘‘(C) it appears from the will or other evi4 dence that the will was made in contemplation 

5 of the testator’s marriage to the surviving 

6 spouse; 

7 ‘‘(D) the will expresses the intention that 

8 it is to be effective notwithstanding any subse9 quent marriage; or 

10 ‘‘(E) the testator provided for the spouse 

11 by a transfer of funds or property outside of 

12 the will and an intent that the transfer be in 

13 lieu of a testamentary provision is demonstrated 

14 by the testator’s statements or is reasonably in15 ferred from the amount of the transfer or other 

16 evidence. 

17 ‘‘(2) CHILDREN.—For purposes of this section, 

18 if a testator executed his or her will prior to the 

19 birth of 1 or more children of the testator and the 

20 omission is the product of inadvertence rather than 

21 an intentional omission, such children shall share in 

22 the decedent’s intestate interests in trust or re23 stricted lands as if the decedent had died intestate. 

24 Any person recognized as an heir by virtue of adop25 tion under the Act of July 8, 1940 (54 Stat 746) 
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1 shall be treated as a decedent’s child under this sec2 tion. 

3 ‘‘(e) DIVORCE.—

4 ‘‘(1) SURVIVING SPOUSE.—

5 ‘‘(A) IN GENERAL.—For purposes of this 

6 section, an individual who is divorced from the 

7 decedent, or whose marriage to the decedent 

8 has been annulled, shall not be considered to be 

9 a surviving spouse unless, by virtue of a subse10 quent marriage, such individual is married to 

11 the decedent at the time of death. A decree of 

12 separation that does not terminate the status of 

13 husband and wife shall not be considered a di14 vorce for purposes of this subsection. 

15 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

16 in subparagraph (A) shall be construed to pre17 vent an entity responsible for adjudicating in18 terests in trust or restricted land from giving 

19 force and effect to a property right settlement 

20 if one of the parties to the settlement dies be21 fore the issuance of a final decree dissolving the 

22 marriage of the parties to the property settle23 ment. 

24 ‘‘(2) EFFECT OF SUBSEQUENT DIVORCE ON A

25 WILL OR DEVISE.—If after executing a will the tes-
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1 tator is divorced or the marriage of the testator is 

2 annulled, upon the effective date of the divorce or 

3 annulment any disposition of interests in trust or re4 stricted land made by the will to the former spouse 

5 shall be deemed to be revoked unless the will ex6 pressly provides otherwise. Property that is pre7 vented from passing to a former spouse based on the 

8 preceding sentence shall pass as if the former spouse 

9 failed to survive the decedent. Any provision of a will 

10 that is revoked solely by operation of this paragraph 

11 shall be revived by the testator’s remarriage to the 

12 former spouse. 

13 ‘‘(f) NOTICE.—To the extent practicable, the Sec14 retary shall notify the owners of trust and restricted land 

15 of the provisions of this title. Such notice may, at the dis16 cretion of the Secretary, be provided together with the no17 tice required under section 207(g). 

18 ‘‘SEC. 233. COLLECTION OF PAST-DUE AND OVER-DUE 

19 CHILD SUPPORT 

20 ‘‘The Secretary shall establish procedures to provide 

21 for the collection of past-due or over-due support obliga22 tions entered by a tribal court or any other court of com23 petent jurisdiction from the revenue derived from an inter24 ests in trust or restricted land. 
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1 ‘‘SEC. 234. EFFECTIVE DATE. 

2 ‘‘(a) IN GENERAL.—The provisions of this title shall 

3 not apply to the estate of an individual who dies prior to 

4 the later of—

5 ‘‘(1) the date that is 1 year after the date of 

6 enactment of this subtitle; or 

7 ‘‘(2) the date specified in section 207(g)(5).’’. 

8 (b) OTHER AMENDMENTS.—The Indian Land Con9 solidation Act (25 U.S.C. 2201 et seq.) is amended—

10 (1) by inserting after section 202, the following: 

11 ‘‘Subtitle A—General Land 

12 Consolidation’’; 

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

14 (A) in subsection (a)(3)—

15 (i) by striking ‘‘The Secretary’’ and 

16 inserting the following: 

17 ‘‘(A) IN GENERAL.—The Secretary’’; and 

18 (ii) by adding at the end the fol19 lowing: 

20 ‘‘(B) TRIBAL PROBATE CODES.—A tribal 

21 probate code shall not prevent the devise of an 

22 interest in trust or restricted land to non-mem23 bers of the tribe unless the code—

24 ‘‘(i) provides for the renouncing of in25 terests, reservation of life estates, and pay-
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1 ment of fair market value in the manner 

2 prescribed under subsection (c)(2); and 

3 ‘‘(ii) does not prohibit the devise of an 

4 interest in an allotment to an Indian per5 son if such allotment was originally allot6 ted to the lineal ancestor of the devisee.’’; 

7 and 

8 (B) in subsection (c)(2)—

9 (i) in subparagraph (A)—

10 (I) by striking ‘‘IN GENERAL.—

11 Paragraph’’ and inserting the fol12 lowing: 

13 ‘‘(A) NONAPPLICABILITY TO CERTAIN IN14 TERESTS.—

15 ‘‘(i) IN GENERAL.—Paragraph’’; 

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

17 inserting the following: ‘‘if—

18 ‘‘(I) while’’; 

19 (III) by striking the period and 

20 inserting ‘‘; or’’; 

21 (IV) by adding at the end thereof 

22 the following: 

23 ‘‘(II) the interest is part of a 

24 family farm that is devised to a mem25 ber of the decedent’s family if the dev-
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1 isee agrees that the Indian tribe that 

2 exercises jurisdiction over the land 

3 will have the opportunity to acquire 

4 the interest for fair market value if 

5 the interest is offered for sale to an 

6 entity that is not a member of the 

7 family of the owner of the land. 

8 ‘‘(ii) RULE OF CONSTRUCTION.—

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

10 to prevent or limit the ability of an owner 

11 of land to which such clause applies to 

12 mortgage such land or to limit the right of 

13 the entity holding such a mortgage to fore14 close or otherwise enforce such a mortgage 

15 agreement pursuant to applicable law.’’; 

16 and 

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

18 ‘‘207(a)(6)(B)’’ and inserting ‘‘207(a)(6)’’; 

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

20 (A) in subsection (a)(6), by striking sub21 paragraph (A) and inserting the following: 

22 ‘‘(A) DEVISE TO OTHERS.—

23 ‘‘(i) IN GENERAL.—Notwithstanding 

24 paragraph (2), an owner of trust or re25 stricted land—
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1 ‘‘(I) who does not have an Indian 

2 spouse or an Indian lineal descendant 

3 may devise his or her interests in such 

4 land to his or her spouse, lineal de5 scendant, heirs of the first or second 

6 degree, or collateral heirs of the first 

7 or second degree; 

8 ‘‘(II) who does not have a spouse 

9 or an Indian lineal descendent may 

10 devise his or her interests in such land 

11 to his or her lineal descendant, heirs 

12 of the first or second degree, or collat13 eral heirs of the first or second de14 gree; or 

15 ‘‘(III) who does not have a 

16 spouse or lineal descendant may de17 vise his or her interests in such land 

18 to his or her heirs of the first or sec19 ond degree, or collateral heirs of the 

20 first or second degree. 

21 ‘‘(ii) RULE OF CONSTRUCTION.—Any 

22 devise of an interest in trust or restricted 

23 land under clause (i) to a non-Indian will 

24 be construed to devise a life estate unless 

25 the devise explicitly states that the testator 
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1 intends for the devisee to take the interest 

2 in fee. 

3 ‘‘(B) UNEXERCISED RIGHTS OF REDEMP4 TION.—

5 ‘‘(i) IN GENERAL.—This subpara6 graph (B) shall only apply to interests in 

7 trust or restricted land that are held in 

8 trust or restricted status as of the date of 

9 enactment of the Indian Probate Reform 

10 Act of 2001, and interests in any parcel of 

11 land, at least a portion of which is in trust 

12 or restricted status as of such date of en13 actment, that is subject to a tax sale, tax 

14 foreclosure proceeding, or similar pro15 ceeding. 

16 ‘‘(ii) EXERCISE OF RIGHT.—If the 

17 owner of such an interest referred to in 

18 clause (i) fails or refuses to exercise any 

19 right of redemption that is available to 

20 that owner under applicable law, the In21 dian tribe that exercises jurisdiction over 

22 the trust or restricted land referred to in 

23 such clause may exercise such right of re24 demption. 
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1 ‘‘(iii) PENALTIES AND ASSESS2 MENTS.—To the extent permitted under 

3 the Constitution of the United States, an 

4 Indian tribe acquiring an interest under 

5 clause (i) may acquire such an interest 

6 without being required to pay—

7 ‘‘(I) penalties; or 

8 ‘‘(II) past due assessments that 

9 exceed the fair market value of the in10 terest.’’; and 

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

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

13 (b)’’; and 

14 (4) in section 217 (25 U.S.C. 2216)—

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

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

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

18 leasing, using or consolidating, or is applying 

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

20 (B) in subsection (f)—

21 (i) by striking ‘‘After the expiration of 

22 the limitation period provided for in sub23 section (b)(2) and prior’’ and inserting 

24 ‘‘Prior’’; and
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1 (ii) by striking ‘‘sold, exchanged, or 

2 otherwise conveyed under this section’’. 

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

4 February 8, 1887 (24 Stat. 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, or a tribal probate code approved 

8 under such Act and regulations, shall apply thereto after 

9 such patents have been executed and delivered:’’.

10 SECTION 1. SHORT TITLE. 

11 This Act may be cited as the ‘‘Indian Probate Reform 

12 Act of 2002’’. 

13 SEC. 2. FINDINGS. 

14 Congress makes the following findings: 

15 (1) The General Allotment Act of 1887 

16 (commonly known as the ‘‘Dawes Act’’), which au17 thorized the allotment of Indian reservations, did not 

18 allow Indian allotment owners to provide for the tes19 tamentary disposition of the land that was allotted to 

20 those owners. 

21 (2) The Dawes Act provided that allotments 

22 would descend according to State law of intestate suc23 cession based on the location of the allotment. 

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

25 State law of intestate succession with respect to the 
21

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1 descendency of allotments has resulted in numerous 

2 problems affecting Indian tribes, their members, and 

3 the Federal Government. Those problems include—

4 (A) the increasing fractionated ownership of 

5 trust and restricted land as that land is inher6 ited by successive generations of owners as ten7 ants in common; 

8 (B) the application of different rules of in9 testate succession to each of a decedent’s interests 

10 in trust and restricted land if that land is lo11 cated within the boundaries of more than 1 

12 State, which application makes probate planning 

13 unnecessarily difficult and impedes efforts to 

14 provide probate planning assistance or advice; 

15 (C) the absence of a uniform general pro16 bate code for trust and restricted land which 

17 makes it difficult for Indian tribes to work coop18 eratively to develop tribal probate codes; and 

19 (D) the failure of Federal law to address or 

20 provide for many of the essential elements of gen21 eral probate law, either directly or by reference, 

22 which is unfair to the owners of trust and re23 stricted land and their heirs and devisees and 

24 which makes probate planning more difficult. 
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1 (4) Based on the problems identified in para2 graph (3), a uniform Federal probate code would

3 likely—

4 (A) reduce the number of unnecessary 

5 fractionated interests in trust or restricted land; 

6 (B) facilitate efforts to provide probate 

7 planning assistance and advice; 

8 (C) facilitate inter-tribal efforts to produce 

9 tribal probate codes pursuant to section 206 of 

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

11 2205); and 

12 (D) provide essential elements of general 

13 probate law that are not applicable on the date 

14 of enactment of this subtitle to interests in trust 

15 or restricted land. 

16 SEC. 3. INDIAN PROBATE REFORM. 

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

18 section 207 of the Indian Land Consolidation Act (25 

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

20 ‘‘(a) TESTAMENTARY DISPOSITION.—

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

22 TRUST OR RESTRICTED LAND.—

23 ‘‘(A) IN GENERAL.—Subject to any applica24 ble Federal law relating to the devise or descent 

25 of trust or restricted property, or a tribal pro-
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1 bate code enacted pursuant to section 206, the 

2 owner of an interest in trust or restricted land 

3 may devise such an interest to the Indian tribe 

4 with jurisdiction over the land so devised, or to 

5 any Indian in trust or restricted status or as a 

6 passive trust interest (as provided for in section 

7 207A). 

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

9 trust or restricted land to an Indian under sub10 paragraph (A) shall not alter the status of such 

11 an interest as a trust or restricted interest unless 

12 the testator provides that the interest is to be 

13 held as a passive trust interest. 

14 ‘‘(2) DEVISE OF TRUST OR RESTRICTED LAND IN

15 PASSIVE TRUST OR FEE STATUS.—

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

17 restricted land that is not devised pursuant to 

18 paragraph (1) may only be devised—

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

20 person (the remainder interest may only be 

21 devised pursuant to clause (ii), subpara22 graph (C), or paragraph (1)(A)); 

23 ‘‘(ii)(I) to the testator’s lineal descend24 ant or heir of the 1st or 2nd degree as a 
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1 passive trust interest (to be known as an 

2 ‘eligible passive trust devisee’); or 

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

4 heir of the 1st or 2nd degree or a lineal de5 scendant, to any lineal descendant of a tes6 tator’s grandparent as a passive trust inter7 est (to be known as an ‘eligible passive trust 

8 devisee’); or 

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

10 subparagraph (C). 

11 ‘‘(B) PRESUMED DEVISE OF PASSIVE TRUST

12 INTEREST.—Any devise to an eligible passive 

13 trust devisee, including the devise of a remainder 

14 interest from the devise of a life estate under sub15 paragraph (A)(ii), that does not indicate whether 

16 the interest is devised as a passive trust interest 

17 or a fee interest shall be construed to devise a 

18 passive trust interest. 

19 ‘‘(C) DEVISE OF A FEE INTEREST.—Subject 

20 to subparagraph (D), any interest in trust or re21 stricted land that is not devised pursuant to 

22 paragraph (1), or devised to an eligible passive 

23 trust devisee pursuant to subparagraph (A), may 

24 be devised to a non-Indian in fee status.
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1 ‘‘(D) LIMITATION.—Any interest in trust or 

2 restricted land that is subject to section 4 of the 

3 Act of June 18, 1934 (25 U.S.C. 464) may only 

4 be devised pursuant to such section 4, subpara5 graph (A) of this paragraph, or paragraph (1) 

6 of this subsection. 

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

8 ‘‘(A) IN GENERAL.—The holder of an inter9 est in trust or restricted land that is held as a 

10 passive trust interest may devise the interest as 

11 a passive trust interest only to—

12 ‘‘(i) any Indian or the Indian tribe 

13 that exercises jurisdiction over the interest; 

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

15 heirs of the first or second degree; 

16 ‘‘(iii) any living descendant of the de17 cedent from whom the holder acquired the 

18 interest by devise or descent; and 

19 ‘‘(iv) any person who owns a pre-exist20 ing interest or a passive trust interest in 

21 the same parcel of land if the pre-existing 

22 interest is held in trust or restricted status 

23 or in passive trust status. 

24 ‘‘(B) INELIGIBLE DEVISEES AND INTESTATE

25 SUCCESSION.—A passive trust interest that is de-
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1 vised to a person who is not eligible under sub2 paragraph (A) or that is not disposed of by a 

3 valid will shall pass pursuant to the applicable 

4 law of intestate succession as provided for in 

5 subsection (b).’’. 

6 (b) INTESTATE SUCCESSION.—Subsection (b) of sec7 tion 207 of the Indian Land Consolidation Act (25 U.S.C. 

8 2206(b)) is amended to read as follows: 

9 ‘‘(b) INTESTATE SUCCESSION.—

10 ‘‘(1) RULES OF DESCENT.—

11 ‘‘(A) IN GENERAL.—Subject to any applica12 ble Federal law relating to the devise or descent 

13 of trust or restricted property, any interest in 

14 trust or restricted land that is not disposed of by 

15 a valid will shall—

16 ‘‘(i) descend according to a tribal pro17 bate code that is approved pursuant to sec18 tion 206; or 

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

20 or restricted land to which such a code does 

21 not apply, be considered an ‘intestate inter22 est’ and descend pursuant to paragraph (2), 

23 this Act, and other applicable Federal law. 

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

25 applying this subsection, intestate interests re-
27

•S 1340 RS

1 ferred to in subparagraph (A)(ii) shall be classi2 fied as either—

3 ‘‘(i) a devise or inheritance interest 

4 (an interest acquired by a decedent through 

5 devise or inheritance); or 

6 ‘‘(ii) an acquired interest (an interest 

7 acquired by a decedent by any means other 

8 than devise or inheritance and an interest 

9 acquired by a decedent through devise or in10 heritance)—

11 ‘‘(I) if the decedent—

12 ‘‘(aa) acquired additional 

13 undivided interests in the same 

14 parcel as the interest, by a means 

15 other than devise or inheritance; 

16 or 

17 ‘‘(bb) acquired land adjoin18 ing the parcel of land that in19 cludes the interest; or 

20 ‘‘(II) if the parcel of land that in21 cludes the interest includes the dece22 dent’s spouse’s residence. 

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

24 trust or restricted land described in paragraph 
28

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1 (1)(A)(ii) (an intestate interest) shall descend as pro2 vided for in this paragraph: 

3 ‘‘(A) SURVIVING INDIAN SPOUSE.—If a dece4 dent is survived by an Indian spouse and the de5 cedent’s estate includes—

6 ‘‘(i) one or more acquired interests, the 

7 decedent’s spouse shall receive all such ac8 quired interests; 

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

10 Interests, and—

11 ‘‘(I) the decedent is not survived 

12 by an Indian heir of the first or second 

13 degree, the decedent’s spouse shall re14 ceive all such devise or inheritance in15 terests; or 

16 ‘‘(II) the decedent is survived by 

17 an Indian heir of the first or second 

18 degree, the decedent’s devise or inherit19 ance interest shall descend pursuant to 

20 paragraph (3)(A). 

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

22 decedent is survived by a non-Indian spouse and 

23 the decedent’s estate includes—

24 ‘‘(i) one or more acquired interests, the 

25 decedent’s spouse shall receive a life estate 
29

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1 in such acquired interest, and if the dece2 dent is—

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

4 the 1st or 2nd degree, the remainder 

5 interests shall descend pursuant to 

6 paragraph (3)(A); or 

7 ‘‘(II) not survived by an Indian 

8 heir of the 1st or 2nd degree, the re9 mainder interest shall descend pursu10 ant to paragraph (3)(C); or 

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

12 interests, and the decedent is—

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

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

15 inheritance interests shall descend pur16 suant to paragraph (3)(A); or 

17 ‘‘(II) not survived by an Indian 

18 heir of the 1st or 2nd degree, such de19 vise or inheritance interest shall de20 scend pursuant to paragraph (3)(C). 

21 ‘‘(C) NO SURVIVING SPOUSE.—If the dece22 dent is not survived by a spouse, and the dece23 dent’s estate includes one or more acquired inter24 ests or one or more devise or inheritance interests 

25 and the decedent is—
30

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

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

3 devise or inheritance interests shall descend 

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

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

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

7 or devise or inheritance interests shall de8 scend pursuant to paragraph (3)(C). 

9 ‘‘(3) RULES APPLICABLE TO INTESTATE SUCCES10 SION.—

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

12 subsection, Indian heirs of the 1st or 2nd degree 

13 shall inherit in the following order: 

14 ‘‘(i) The Indian children of the dece15 dent, in equal shares, or if one or more of 

16 those Indian children do not survive the de17 cedent, such Indian children of the dece18 dent’s deceased child shall inherit by right 

19 of representation; 

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

21 children or grandchildren (that take by rep22 resentation under clause (i)), to the dece23 dent’s Indian brothers and sisters in equal 

24 shares. 
31

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

2 brothers or sisters, to the decedent’s Indian 

3 parent or parents. 

4 ‘‘(B) RIGHT OF REPRESENTATION.—For 

5 purposes of this subsection, in any case involving 

6 the determination of a right of representation—

7 ‘‘(i) each interest in trust land shall be 

8 equally divided into a number of shares 

9 that equals the sum of—

10 ‘‘(I) the number of surviving heirs 

11 in the nearest degree of kinship; and 

12 ‘‘(II) the number of deceased per13 sons in that same degree, if any, who 

14 left issue who survive the decedent; 

15 ‘‘(ii) each surviving heir described in 

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

17 ‘‘(iii)(I) each deceased person described 

18 in clause (i)(II) shall receive 1 share; and 

19 ‘‘(II) that share shall be divided equal20 ly among the surviving issue of the deceased 

21 person. 

22 ‘‘(C) NO INDIAN HEIRS.—

23 ‘‘(i) IN GENERAL.—For purposes of 

24 this subsection, if a decedent does not have 

25 an Indian heir of the 1st or 2nd degree, an 
32

•S 1340 RS

1 interest shall descend to an Indian collat2 eral heir who is a co-owner of an interest 

3 owned by the decedent if any. 

4 ‘‘(ii) MULTIPLE COLLATERAL HEIRS.—

5 If—

6 ‘‘(I) more than one Indian collat7 eral heir owns an interest in an inter8 est referred to in clause (i), the interest 

9 shall descend to the collateral heir that 

10 owns the largest undivided interest in 

11 the parcel; or 

12 ‘‘(II) two or more collateral heirs 

13 own equal shares in an interest re14 ferred to in clause (i), the interest 

15 passing pursuant to this subsection 

16 shall be divided equally between those 

17 collateral heirs that own equal shares. 

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

19 decedent’s collateral heirs own an interest 

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

21 interest shall descend to the Indian tribe 

22 that exercises jurisdiction over the parcel of 

23 trust or restricted lands involved, subject to 

24 clause (iv). 
33

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1 ‘‘(iv) ACQUISITION OF INTEREST.—

2 Notwithstanding clause (iii), an Indian co3 owner of a parcel of trust or restricted land 

4 may acquire an interest subject to such 

5 clause by paying into the decedent’s estate, 

6 before the close of the probate of the dece7 dent’s estate, the fair market value of the in8 terest in such land. If more than 1 Indian 

9 co-owner (including the Indian tribe re10 ferred to in clause (iii)) offers to pay for 

11 such an interest, the highest bidder shall ac12 quire the interest. 

13 ‘‘(v) DEFINITION.—In this subpara14 graph, the term ‘collateral heir’ means the 

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

16 first cousin. 

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

18 For purposes of this section, an individual who fails 

19 to survive a decedent by at least 120 hours is deemed 

20 to have predeceased the decedent for the purposes of 

21 intestate succession, and the heirs of the decedent shall 

22 be determined accordingly. If it is not established by 

23 clear and convincing evidence that an individual who 

24 would otherwise be an heir survived the decedent by 

25 at least 120 hours, the individual shall be deemed to 
34

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1 have failed to survive for the required time-period for 

2 the purposes of the preceding sentence. 

3 ‘‘(5) PRETERMITTED SPOUSES AND CHILDREN.—

4 ‘‘(A) SPOUSES.—For the purposes of this 

5 section, if the surviving spouse of a testator mar6 ried the testator after the testator executed his or 

7 her will, the surviving spouse shall receive the 

8 intestate share in trust or restricted land that 

9 the spouse would have otherwise received if the 

10 testator had died intestate. The preceding sen11 tence shall not apply to an interest in trust or 

12 restricted land where—

13 ‘‘(i) the will is executed before the date 

14 of enactment of this subsection; 

15 ‘‘(ii) the testator’s spouse is a non-In16 dian and the testator has devised his or her 

17 interests in trust or restricted land to an 

18 Indian or Indians; 

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

20 evidence that the will was made in con21 templation of the testator’s marriage to the 

22 surviving spouse; 

23 ‘‘(iv) the will expresses the intention 

24 that it is to be effective notwithstanding 

25 any subsequent marriage; or
35

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1 ‘‘(v) the testator provided for the 

2 spouse by a transfer of funds or property 

3 outside of the will and an intent that the 

4 transfer be in lieu of a testamentary provi5 sion is demonstrated by the testator’s state6 ments or is reasonably inferred from the 

7 amount of the transfer or other evidence. 

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

9 section, if a testator executed his or her will 

10 prior to the birth or adoption of 1 or more chil11 dren of the testator and the omission is the prod12 uct of inadvertence rather than an intentional 

13 omission, those children shall share in the dece14 dent’s intestate interests in trust or restricted 

15 land as if the decedent had died intestate. Any 

16 person recognized as an heir by virtue of adop17 tion under the Act of July 8, 1940 (54 Stat 746), 

18 shall be treated as a decedent’s child under this 

19 section. 

20 ‘‘(6) DIVORCE.—

21 ‘‘(A) SURVIVING SPOUSE.—

22 ‘‘(i) IN GENERAL.—For the purposes of 

23 this section, an individual who is divorced 

24 from the decedent, or whose marriage to the 

25 decedent has been annulled, shall not be 
36

•S 1340 RS

1 considered to be a surviving spouse unless, 

2 by virtue of a subsequent marriage, the in3 dividual is married to the decedent at the 

4 time of death. A decree of separation that 

5 does not terminate the status of husband 

6 and wife shall not be considered a divorce 

7 for the purposes of this subsection. 

8 ‘‘(ii) RULE OF CONSTRUCTION.—Noth9 ing in clause (i) shall be construed to pre10 vent an entity responsible for adjudicating 

11 interests in trust or restricted land from 

12 giving force and effect to a property right 

13 settlement if one of the parties to the settle14 ment dies before the issuance of a final de15 cree dissolving the marriage of the parties 

16 to the property settlement. 

17 ‘‘(B) EFFECTOF SUBSEQUENTDIVORCE ON

18 A WILL OR DEVISE.—If after executing a will the 

19 testator is divorced or the marriage of the tes20 tator is annulled, upon the effective date of the 

21 divorce or annulment any disposition of interests 

22 in trust or restricted land made by the will to 

23 the former spouse shall be deemed to be revoked 

24 unless the will expressly provides otherwise. 

25 Property that is prevented from passing to a 
37

•S 1340 RS

1 former spouse based on the preceding sentence 

2 shall pass as if the former spouse failed to sur3 vive the decedent. Any provision of a will that 

4 is revoked solely by operation of this paragraph 

5 shall be revived by the testator’s remarriage to 

6 the former spouse. 

7 ‘‘(7) NOTICE.—To the extent practicable, the Sec8 retary shall notify the owners of trust and restricted 

9 land of the provisions of this Act. The notice may, at 

10 the discretion of the Secretary, be provided together 

11 with the notice required under section 207(g).’’. 

12 (c) RULE OF CONSTRUCTION.—Section 207 of the In13 dian Land Consolidation Act (25 U.S.C. 2206) is amended 

14 by adding at the end the following: 

15 ‘‘(h) RULE OF CONSTRUCTION.—For purposes of sub16 sections (a) and (b), any reference to ‘applicable Federal 

17 law’ shall be construed to include Public Law 91–627 (84 

18 Stat. 1874, amending section 7 of the Act of August 9, 

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

20 92–443 (86 Stat. 744). Nothing in this section shall be con21 strued to amend or alter such Public Laws or any other 

22 Federal law that provides for the devise and descent of any 

23 trust or restricted lands located on a specific Indian res24 ervation.’’. 
38

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1 (d) PASSIVE TRUST STATUS FOR TRUSTOR 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 agreement 

12 with respect to the interest that is the subject of the applica13 tion. 

14 ‘‘(b) APPROVAL.—Upon the approval of an application 

15 by the Secretary under subsection (a), an interest in trust 

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

17 in accordance with this section. 

18 ‘‘(c) REQUIREMENTS.—Except as provided in this sec19 tion, an interest in trust or restricted land that is held as 

20 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 is 

24 patented in fee status; 
39

•S 1340 RS

1 ‘‘(2) may, without the approval of the Secretary, 

2 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 passive 

19 trust interest in accordance with this section may 

20 enact an ordinance or resolution to allow the owner 

21 of such an interest to apply to the Secretary for the 

22 removal of the trust or restricted status of such por23 tion of such lands that are subject to the tribe’s juris24 diction.
40

•S 1340 RS

1 ‘‘(2) REVIEW BY SECRETARY.—The Secretary 

2 shall review and may approve an ordinance or resolu3 tion 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 of 

18 an Indian or an Indian tribe pursuant to regulations 

19 enacted by the Secretary. 

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

21 subsection shall be construed to alter the authority or 

22 responsibility of the Secretary, if any, with respect to 

23 an interest in trust or restricted land held in active 

24 trust status, including an undivided interest within 
41

•S 1340 RS

1 the same parcel of land as an undivided passive trust 

2 interest. 

3 ‘‘(f) JURISDICTION OVER PASSIVE TRUST INTEREST.—

4 An Indian tribe that exercises jurisdiction over an interest 

5 in trust or restricted land that is devised or held as a pas6 sive trust interest under this section shall continue to exer7 cise jurisdiction over the land that is held as a passive trust 

8 interest and any person holding, leasing, or otherwise using 

9 such land shall be deemed to have consented to the jurisdic10 tion of such a tribe with respect to the use of such land, 

11 including any impacts associated with any use of such 

12 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 appli17 cable to the probate of trust or restricted land. Any inter18 ested party may file an application to commence the pro19 bate of an interest in trust or restricted land held as a pas20 sive trust interest. 

21 ‘‘(h) REGULATIONS.—The Secretary shall promulgate 

22 regulations to implement this section.’’. 

23 (e) PARTITION.—Section 205 of the Indian Land Con24 solidation Act (25 U.S.C. 2204) is amended by adding at 

25 the end the following: 
42

•S 1340 RS

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 process 

13 for partitioning a parcel of land as provided for 

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

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

17 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 
43

•S 1340 RS

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 In4 dian tribe’ means an Indian tribe described in sub5 paragraph (A) and (B)(i). 

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

7 be partitioned under this subsection if, with respect to 

8 the eligible Indian tribe involved—

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

10 the parcel of land; and 

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

12 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 ob19 ject to the partition. 

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

21 located within the reservation of an Indian tribe or 

22 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.
44

•S 1340 RS

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 the 

4 partition in writing. 

5 ‘‘(5) PARTITION IN KIND.—

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

7 commence the partition process described in sub8 paragraph (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 owner14 ship 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 out 

21 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-
45

•S 1340 RS

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 PARTITION.—

17 If the Secretary determines that a parcel of land 

18 cannot be partitioned in a manner that is fair 

19 and equitable to the owners of the parcel, the 

20 Secretary shall inform each owner of the parcel 

21 of—

22 ‘‘(i) the determination of the Secretary; 

23 and 

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

25 the determination. 
46

•S 1340 RS

1 ‘‘(D) PARTITION WITH CONSENT OF QUALI2 FIED INDIAN TRIBE.—If the Secretary determines 

3 that a parcel of land may be partitioned in a 

4 manner that is fair and equitable to the owners 

5 of the parcel, and the Indian tribe meets the ap6 plicable ownership requirements under clause (i) 

7 or (ii) of paragraph (2)(B), the Secretary 

8 shall—

9 ‘‘(i) approve a plan of partition; 

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

11 parcel of the determination of the Secretary; 

12 ‘‘(iii) make a copy of the plan of parti13 tion available to each owner of the parcel; 

14 and 

15 ‘‘(iv) inform each owner of the right to 

16 appeal the determination of the Secretary to 

17 partition the parcel in accordance with the 

18 plan. 

19 ‘‘(E) PARTITION WITH CONSENT; IMPLIED

20 CONSENT.—If the Secretary determines that a 

21 parcel may be partitioned in a manner that is 

22 fair and equitable to the owners of the parcel, 

23 but the Indian tribe involved does not meet the 

24 applicable ownership requirements under clause 
47

•S 1340 RS

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 parcel 

6 will be partitioned in accordance with the 

7 plan if the owners of 50 percent or more of 

8 undivided ownership interest in the parcel 

9 either—

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

11 ‘‘(bb) do not object to the partition 

12 by such deadline as may be established 

13 by the Secretary; 

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

15 more of undivided ownership interest in the 

16 parcel consent to the partition or do not ob17 ject by a deadline established by the Sec18 retary under clause (i)(II)(bb), inform the 

19 owners of the parcel that—

20 ‘‘(I) the plan for partition is 

21 final; and 

22 ‘‘(II) the owners have the right to 

23 appeal the determination of the Sec24 retary to partition the parcel; and 
48

•S 1340 RS

1 ‘‘(iii) if the owners of 50 percent or 

2 more of the undivided ownership interest in 

3 the parcel object to the partition, inform the 

4 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 plans 

10 of partition; and 

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

12 owners of the parcel. 

13 ‘‘(G) PLAN OF PARTITION—A plan of parti14 tion 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
49

•S 1340 RS

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 sub8 paragraph (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 owner14 ship 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 out 

21 any partition of a parcel, the Secretary—

22 ‘‘(i) shall conduct a preliminary ap23 praisal of the parcel; 
50

•S 1340 RS

1 ‘‘(ii) shall provide, to the owners of the 

2 parcel, through publication or other appro3 priate 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 received 

15 under clause (iii), modify the preliminary 

16 appraisal or provide for the conduct of a 

17 new appraisal; and 

18 ‘‘(v) shall—

19 ‘‘(I) issue a final appraisal for the 

20 parcel; 

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

22 parcel and the appropriate Indian 

23 tribes access to the final appraisal; and 

24 ‘‘(III) inform the Indian tribes of 

25 the right to appeal the final appraisal. 
51

•S 1340 RS

1 ‘‘(C) PURCHASE BY QUALIFIED INDIAN

2 TRIBE.—If an eligible Indian tribe agrees to pay 

3 fair market value for a partitioned parcel, as de4 termined by the final appraisal of the parcel 

5 issued under subparagraph (B)(v)(I) (including 

6 any appraisal issued by the Secretary after an 

7 appeal by the Indian tribe under subparagraph 

8 (B)(v)(III)), and the Indian tribe meets the ap9 plicable ownership requirements of clause (i) or 

10 (ii) of paragraph (2)(B), the Secretary shall—

11 ‘‘(i) provide to each owner of the parcel 

12 notice of the decision of the Indian tribe; 

13 and 

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

15 appeal the decision (including the right to 

16 appeal any final appraisal of the parcel re17 ferred to in subparagraph (B)(v)(III)). 

18 ‘‘(D) PARTITION WITH CONSENT; IMPLIED

19 CONSENT.—

20 ‘‘(i) IN GENERAL.—If an eligible In21 dian tribe agrees to pay fair market value 

22 for a partitioned parcel, as determined by 

23 the final appraisal of the parcel issued 

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

25 any appraisal issued by the Secretary after 
52

•S 1340 RS

1 an appeal by the Indian tribe under sub2 paragraph (B)(v)(III)), but does not meet 

3 the applicable ownership requirements of 

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

5 Secretary shall—

6 ‘‘(I) provide notice to the owners 

7 of the undivided interest in the parcel; 

8 and 

9 ‘‘(II) inform the owners that the 

10 parcel will be partitioned by sale un11 less the partition is opposed by the 

12 owners of 50 percent or more of the un13 divided ownership interest in the par14 cel. 

15 ‘‘(ii) FAILURE TO OBJECT TO PARTI16 TION.—If the owners of 50 percent or more 

17 of undivided ownership interest in or to a 

18 parcel consent to the partition or the parcel, 

19 or do not object to the partition by such 

20 deadline as may be established by the Sec21 retary, the Secretary shall inform the own22 ers of the parcel of the right to appeal the 

23 determination of the Secretary (including 

24 the results of the final appraisal issued 

25 under subparagraph (B)(v)(I)). 
53

•S 1340 RS

1 ‘‘(iii) OBJECTION TO PARTITION.—If 

2 the owners of 50 percent or more of the un3 divided ownership interest in a parcel object 

4 to the partition of the parcel—

5 ‘‘(I) the Secretary shall notify the 

6 Indian tribe of the objection; and 

7 ‘‘(II) the Indian tribe and the 

8 Secretary may agree to increase the 

9 amount offered to purchase the undi10 vided ownership interests in the parcel. 

11 ‘‘(7) ENFORCEMENT.—

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

13 parcel, a partition in kind is approved under 

14 subparagraph (D) or (E) of paragraph (5), or a 

15 partition by sale is approved under paragraph 

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

17 parcel fails or refuses to convey the interest to 

18 the Indian tribe, the Indian tribe or the United 

19 States may—

20 ‘‘(i) bring a civil action in the United 

21 States district court for the district in 

22 which the parcel is located; and 

23 ‘‘(ii) request the court to issue an ap24 propriate order for the partition in kind, or
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1 partition by sale to the Indian tribe, of the 

2 parcel. 

3 ‘‘(B) FEDERAL ROLE.—With respect to any 

4 civil action brought under subparagraph (A)—

5 ‘‘(i) the United States—

6 ‘‘(I) shall receive notice of the 

7 civil action; and 

8 ‘‘(II) may be a party to the civil 

9 action; and 

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

11 section shall be dismissed, and no relief re12 quested shall be denied, on the ground that 

13 the civil action is against the United States 

14 or that the United States is an indispen15 sable party.’’. 

16 SEC. 4. OTHER AMENDMENTS. 

17 (a) OTHER AMENDMENTS.—The Indian Land Consoli18 dation Act (25 U.S.C. 2201 et seq.) is amended—

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

20 striking ‘‘over 50 per centum of the undivided inter21 ests’’ and inserting ‘‘undivided interests equal to at 

22 least 50 percent of the undivided interest’’; 

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

24 (A) in subsection (a), by striking paragraph 

25 (3) and inserting the following: 
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1 ‘‘(3) TRIBAL PROBATE CODES.—The Secretary 

2 shall not approve a tribal probate code, or an amend3 ment to such a code, that prevents the devise of an in4 terest in trust or restricted land to—

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

6 original allottee; or 

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

8 the tribe that exercises jurisdiction over such an 

9 interest; 

10 unless the code provides for the renouncing of interests 

11 (to eligible devisees pursuant to such a code), the op12 portunity for a devisee who is the testator’s spouse or 

13 lineal descendant to reserve a life estate, and payment 

14 of fair market value in the manner prescribed under 

15 subsection (c)(2).’’; 

16 (B) in subsection (c)(1)—

17 (i) by striking ‘‘section 207(a)(6)(A)’’ 

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

19 207(a)(2)(C), and 207(a)(3)’’; and 

20 (ii) by striking the last sentence and 

21 inserting ‘‘The Secretary shall transfer such 

22 payments to any person or persons who 

23 would have received an interest in land if 

24 the interest had not been acquired by the 

25 tribe pursuant to this paragraph.’’; and 
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1 (C) in subsection (c)(2)—

2 (i) in subparagraph (A)—

3 (I) by striking ‘‘(A) IN GEN4 ERAL.—Paragraph’’ and inserting the 

5 following: 

6 ‘‘(A) NONAPPLICABILITY TO CERTAIN INTER7 ESTS.—

8 ‘‘(i) IN GENERAL.—Paragraph’’; 

9 (II) by striking ‘‘if, while’’ and 

10 inserting the following: ‘‘if—

11 ‘‘(I) while’’; 

12 (III) by striking the period and 

13 inserting ‘‘; or’’; and 

14 (IV) by adding at the end the fol15 lowing: 

16 ‘‘(II) the interest is part of a fam17 ily farm that is devised to a member of 

18 the decedent’s family if the devisee 

19 agrees that the Indian tribe that exer20 cises jurisdiction over the land will 

21 have the opportunity to acquire the in22 terest for fair market value if the inter23 est is offered for sale to an entity that 

24 is not a member of the family of the 

25 owner of the land. 
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1 ‘‘(ii) RECORDING OF INTEREST.—Upon 

2 the request of an Indian tribe described in 

3 clause (i)(II), a restriction relating to the 

4 acquisition by such tribe of an interest in 

5 the family farm involved shall be recorded 

6 as part of the deed relating to the interest 

7 involved. 

8 ‘‘(iii) RULE OF CONSTRUCTION.—Noth9 ing in clause (i)(II) shall be construed to 

10 prevent or limit the ability of an owner of 

11 land to which that clause applies to mort12 gage the land or to limit the right of the en13 tity holding such a mortgage to foreclose or 

14 otherwise enforce such a mortgage agree15 ment pursuant to applicable law. 

16 ‘‘(iv) DEFINITION.—In this paragraph, 

17 the term ‘member of the decedent’s family’ 

18 means the decedent’s lineal descendant, a 

19 lineal descendant of the grandparent of the 

20 decedent, the spouse of any such descendant, 

21 or the decedent’s spouse.’’; and 

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

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

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

25 ‘‘paragraph (1)’’; and 
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1 (3) in section 207 (25 U.S.C. 2206)—

2 (A) in subsection (c)—

3 (i) by redesignating paragraph (3) as 

4 paragraph (4); and 

5 (ii) by inserting after paragraph (2) 

6 the following: 

7 ‘‘(3) ALIENATION OF JOINT TENANCY INTER8 ESTS.—

9 ‘‘(A) IN GENERAL.—With respect to any in10 terest held as a joint tenancy pursuant to this 

11 subsection—

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

13 construed to alter the ability of the owner of 

14 such an interest to convey a life estate in 

15 the owner’s undivided joint tenancy inter16 est; and 

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

18 such an interest may devise or convey more 

19 than a life estate in such an interest. 

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

21 paragraph shall not apply to any conveyance, 

22 sale, or transfer that is part of an agreement re23 ferred to in subsection (e) or to a co-owner of a 

24 joint tenancy interest.’’; and
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1 (B) in subsection (g)(5), by striking ‘‘this 

2 section’’ and inserting ‘‘subsections (a) and (b)’’; 

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

4 (A) in subsection (a)(2), by striking ‘‘(A) IN

5 GENERAL.—’’ and all that follows through 

6 ‘‘subparagraph (A), the Secretary’’ and inserting 

7 ‘‘The Secretary’’; 

8 (B) in subsection (b)(4), by inserting before 

9 the period the following: ‘‘through the use of poli10 cies and procedures designed to accommodate the 

11 voluntary sale of interests under the pilot pro12 gram (established by this Act) though the elimi13 nation of duplicate conveyance documents, ad14 ministrative proceedings, and transactions, not15 withstanding the existence of any otherwise ap16 plicable policy, procedure, or regulation’’; and 

17 (C) in subsection (c)—

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

19 ‘‘landowner upon payment’’ and all that 

20 follows through the period and inserting the 

21 following: ‘‘landowner—

22 ‘‘(i) upon payment by the Indian land23 owner of the amount paid for the interest by 

24 the Secretary; or 
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1 ‘‘(ii) if the Indian referred to in this 

2 subparagraph provides assurance that the 

3 purchase price will be paid by pledging rev4 enue from any source, including trust re5 sources, and the Secretary determines that 

6 the purchase price will be paid in a timely 

7 and efficient manner.’’; 

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

9 ‘‘unless the interest is subject to a fore10 closure of a mortgage pursuant to the Act of 

11 March 29, 1956 (25 U.S.C. 483a)’’ before 

12 the period; and 

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

14 percent of more of the undivided interests’’ 

15 and inserting ‘‘an undivided interest’’; 

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

17 subsection (b) and inserting the following: 

18 ‘‘(b) APPLICATION OF REVENUE FROM ACQUIRED IN19 TERESTS TO LAND CONSOLIDATION PILOT PROGRAM.—

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

21 lien on any revenue accruing to an interest described 

22 under subsection (a) until the Secretary provides for 

23 the removal of the lien under paragraph (3) or (4). 
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1 ‘‘(2) REQUIREMENTS.—Until Secretary removes 

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

3 paragraph (1)—

4 ‘‘(A) any lease, resource sale contract, right5 of-way, or other document evidencing a trans6 action affecting the interest shall contain a 

7 clause providing that all revenue derived from 

8 the interest shall be paid to the Secretary; 

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

10 acquired by the Secretary pursuant to section 

11 213 shall be paid into the fund created under 

12 section 216; and 

13 ‘‘(C) the Secretary may approve a trans14 action covered under this section on behalf of a 

15 tribe notwithstanding any other provision of 

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

17 1934 (commonly referred to as the Indian Reor18 ganization Act, (25 U.S.C. 476)). 

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

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

21 makes a finding that—

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

23 will equal or exceed the projected revenues for the 

24 parcel of land involved; 
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1 ‘‘(B) in the discretion of the Secretary, it 

2 will take an unreasonable period of time for the 

3 parcel of land to generate revenue that equals the 

4 purchase price paid for the interest; or 

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

6 land or commodities associated with the parcel of 

7 land make it likely that the interest will be un8 able to generate revenue that equals the purchase 

9 price paid for the interest in a reasonable time. 

10 ‘‘(4) REMOVAL OF LIEN.—Pursuant to the con11 sultations referred to in section 213(b)(3), the Sec12 retary shall periodically remove the lien referred to in 

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

14 Secretary.’’; 

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

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

17 and insert the following: 

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

19 permit, or sale of resources from interests acquired 

20 under section 213 or paid by Indian landowners 

21 under section 213.’’; and 

22 (B) in subsection (b)—

23 (i) in paragraph (1)—

24 (I) in the matter preceding sub25 paragraph (A), by striking ‘‘Subject to 
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1 paragraph (2), all’’ and inserting 

2 ‘‘All’’; 

3 (II) in subparagraph (A), by 

4 striking ‘‘and’’ at the end; 

5 (III) in subparagraph (B), by 

6 striking the period and inserting ‘‘; 

7 and’’; and 

8 (IV) by adding at the end the fol9 lowing: 

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

11 on the reservation where the income was de12 rived.’’; and 

13 (ii) by striking paragraph (2) and in14 serting the following: 

15 ‘‘(2) USE OF FUNDS.—The Secretary may utilize 

16 the revenue deposited in the Acquisition Fund under 

17 paragraph (1) to acquire some or all of the undivided 

18 interests in any parcels of land pursuant to section 

19 205.’’; 

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

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

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

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

24 leasing, using or consolidating, or is applying to, 

25 lease, use, or consolidate,’’; and
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1 (B) by striking subsection (f) and inserting 

2 the following: 

3 ‘‘(f) PURCHASE OF LAND BY TRIBE.—

4 ‘‘(1) IN GENERAL.—Before the Secretary ap5 proves an application to terminate the trust status or 

6 remove the restrictions on alienation from a parcel of 

7 trust or restricted land, the Indian tribe that exercises 

8 jurisdiction over such a parcel shall have the oppor9 tunity to match any offer contained in such applica10 tion, or where there is no purchase price offered, to 

11 acquire the interest in such land by paying the fair 

12 market value of such interest. 

13 ‘‘(2) EXCEPTION FOR FAMILY FARMS.—Para14 graph (1) shall not apply to a parcel of trust or re15 stricted land that is part of a family farm that is 

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

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

18 exercises jurisdiction over the land is afforded the op19 portunity to purchase the interest if the interest is of20 fered for sale to an entity that is not a member of the 

21 family of the owner of the land. Section 206(c)(2)(A) 

22 shall apply with respect to the recording and mort23 gaging of the trust or restricted land referred to in the 

24 preceding sentence.’’; and 
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1 (8) in section 219(b)(1)(A) (25 U.S.C. 

2 2219(b)(1)(A)), by striking ‘‘100’’ and inserting ‘‘90’’. 

3 (b) DEFINITION.—

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

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

6 amended—

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

8 the following: ‘‘means—

9 ‘‘(A) any’’; 

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

11 been found to meet’’ and inserting the following: 

12 ‘‘or 

13 ‘‘(B) any person who meets’’; and 

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

15 that follows through the semicolon and inserting 

16 ‘‘, except that the Secretary may promulgate reg17 ulations to exclude any definition if the Sec18 retary determines that the definition is not con19 sistent with the purposes of this Act, or 

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

21 or descent of trust or restricted land in the State 

22 of California, any person who meets the defini23 tion of Indians of California as contained in sec24 tion 1 of the Act of May 18, 1928 (25 U.S.C. 

25 651), until otherwise provided by Congress pur-
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1 suant to section 809(b) of Public Law 94-437 (25 

2 U.S.C. 1679(b));’’. 

3 (2) EFFECTIVE DATE.—Any exclusion referred to 

4 in the amendment made by paragraph (1)(C) shall 

5 apply only to those decedents who die after the Sec6 retary of the Interior promulgates the regulation pro7 viding for such exclusion. 

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

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

10 sentence of subsection (a) by inserting ‘‘(including land 

11 owned by any person in passive trust status pursuant to 

12 section 207A of the Indian Land Consolidation Act)’’ after 

13 ‘‘land’’ the first place that such appears. 

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

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

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

17 That the rules of intestate succession under the Indian Land 

18 Consolidation Act (25 U.S.C. 2201 et seq.) (including a 

19 tribal probate code approved under that Act or regulations 

20 promulgated under that Act) shall apply thereto after those 

21 patents have been executed and delivered:’’. 

22 (e) TRANSFERS OF RESTRICTED INDIAN LAND.—Sec23 tion 4 of the Act of June 18, 1934 (25 U.S.C. 464), is 

24 amended in the first proviso by striking ‘‘, in accordance 

25 with’’ and all that follows through the colon and inserting 
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1 ‘‘in accordance with the Indian Land Consolidation Act (25 

2 U.S.C. 2201 et seq.) (including a tribal probate code ap3 proved under that Act or regulations promulgated under 

4 that Act):’’. 

5 SEC. 5. EFFECTIVE DATE. 

6 This amendment made by this Act shall not apply to 

7 the estate of an individual who dies prior to the later of—

8 (1) the date that is 1 year after the date of enact9 ment of this Act; or 

10 (2) the date specified in section 207(g)(5) of the 

11 Indian Land Consolidation Act (25 U.S.C. 

12 2206(g)(5)). 
Calendar No. 766

107TH CONGRESS 

2D SESSION S. 1340

A BILL

To amend the Indian Land Consolidation Act to 

provide for probate reform with respect to trust or restricted lands. 

NOVEMBER 19, 2002

Reported with an amendment