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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1481 Considered and Passed Senate (CPS)]

109th CONGRESS
  1st Session
                                S. 1481

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2005

    Mr. McCain introduced the following bill; which was read twice, 
              considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Land Probate Reform Technical 
Corrections Act of 2005''.

SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.

    Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) 
is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Purchase of Land.--
            ``(1) In general.--Subject to subsection (b), any Indian 
        tribe may purchase, at not less than fair market value and with 
        the consent of the owners of the interests, part or all of the 
        interests in--
                    ``(A) any tract of trust or restricted land within 
                the boundaries of the reservation of the tribe; or
                    ``(B) land that is otherwise subject to the 
                jurisdiction of the tribe.
            ``(2) Required consent.--
                    ``(A) In general.--The Indian tribe may purchase 
                all interests in a tract described in paragraph (1) 
                with the consent of the owners of undivided interests 
                equal to at least 50 percent of the undivided interest 
                in the tract.
                    ``(B) Interest owned by tribe.--Interests owned by 
                an Indian tribe in a tract may be included in the 
                computation of the percentage of ownership of the 
                undivided interests in that tract for purposes of 
                determining whether the consent requirement under 
                subparagraph (A) has been met.'';
            (2) by redesignating subsection (d) as subsection (c); and
            (3) in subsection (c) (as redesignated by paragraph (2))--
                    (A) in paragraph (2)--
                            (i) in subparagraph (G)(ii)(I), by striking 
                        ``a higher valuation of the land'' and 
                        inserting ``a value of the land that is equal 
                        to or greater than that of the earlier 
                        appraisal''; and
                            (ii) in subparagraph (I)(iii)--
                                    (I) in subclause (III), by 
                                inserting ``(if any)'' after ``this 
                                section''; and
                                    (II) in subclause (IV)--
                                            (aa) in item (aa), by 
                                        striking ``less'' and inserting 
                                        ``more''; and
                                            (bb) in item (bb), by 
                                        striking ``to implement this 
                                        section'' and inserting ``under 
                                        paragraph (5)''; and
                    (B) in paragraph (5), in the second sentence, by 
                striking ``shall'' and inserting ``may''.

SEC. 3. TRIBAL PROBATE CODES.

    Section 206 of the Indian Land Consolidation Act (25 U.S.C. 2205) 
is amended--
            (1) in subsection (b)(3), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) the date that is 1 year after the date on 
                which the Secretary makes the certification required 
                under section 8(a)(4) of the American Indian Probate 
                Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 
                108-374); or''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``section'' 
                and all that follows through ``the Indian tribe'' and 
                inserting ``section 207(b)(2)(A)(ii), the Indian 
                tribe''; and
                    (B) in paragraph (2)(A)(i)(II)(bb), by inserting 
                ``in writing'' after ``agrees''.

SEC. 4. DESCENT AND DISTRIBUTION.

    (a) In General.--Section 207 of the Indian Land Consolidation Act 
(25 U.S.C. 2206) is amended--
            (1) by redesignating subsections (h) through (p) as 
        subsections (g) through (o), respectively;
            (2) in subsection (g) (as redesignated by paragraph (1))--
                    (A) in paragraph (2)--
                            (i) by inserting ``specifically'' after 
                        ``pertains''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the allotted land (or any interest relating 
                to such land) of 1 or more specific Indian tribes 
                expressly identified in Federal law, including any of 
                the Federal laws governing the probate or determination 
                of heirs associated with, or otherwise relating to, the 
                land, interest in land, or other interests or assets 
                that are owned by individuals in--
                            ``(i) Five Civilized Tribes restricted fee 
                        status; or
                            ``(ii) Osage Tribe restricted fee 
                        status.''; and
                    (B) by adding at the end the following:
            ``(3) Effect of subsection.--Except to the extent that this 
        Act otherwise affects the application of a Federal law 
        described in paragraph (2), nothing in this subsection limits 
        the application of this Act to trust or restricted land, 
        interests in such land, or any other trust or restricted 
        interests or assets.'';
            (3) in subsection (h) (as redesignated by paragraph (1))--
                    (A) in paragraph (6), by striking ``(25 U.S.C. 
                2205)''; and
                    (B) in paragraph (7), by inserting ``in trust or 
                restricted status'' after ``testator'';
            (4) in subsection (j) (as redesignated by paragraph (1))--
                    (A) in paragraph (2)(A)--
                            (i) in clause (ii)(I), by striking ``the 
                        date of enactment of this subparagraph'' and 
                        inserting ``the date that is 1 year after the 
                        date on which the Secretary publishes a notice 
                        of certification under section 8(a)(4) of the 
                        American Indian Probate Reform Act of 2004 (25 
                        U.S.C. 2201 note; Public Law 108-374)''; and
                            (ii) in clause (iii), by striking ``the 
                        provisions of section 207(a)(2)(A)'' and 
                        inserting ``subsection (a)(2)(A)'';
                    (B) in paragraph (8)(D), by striking ``the 
                provisions of section 207(a)(2)(D) (25 U.S.C. 
                2206(a)(2)(D))'' and inserting ``subsection 
                (a)(2)(D)''; and
                    (C) in paragraph (9)(C)--
                            (i) by striking ``section 207(e) (25 U.S.C. 
                        2206(e))'' and inserting ``subsection (e)''; 
                        and
                            (ii) by striking ``section 207(p) (25 
                        U.S.C. 2206(p))'' and inserting ``subsection 
                        (o)''; and
            (5) in subsection (o) (as redesignated by paragraph (1))--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``section 207(a)(2)(A) or 
                        (D)'' and inserting ``subparagraph (A) or (D) 
                        of subsection (a)(2)''; and
                            (ii) in subparagraph (A), by striking 
                        ``section 207(b)(1)(A)'' and inserting 
                        ``subsection (b)(1)(A)'';
                    (B) in paragraph (3)(B), by striking ``section 
                207(a)(2)(A) or (D)'' and inserting ``subparagraph (A) 
                or (D) of subsection (a)(2)''; and
                    (C) in paragraph (6)--
                            (i) in the first sentence, by striking 
                        ``Proceeds'' and inserting the following:
                    ``(A) In general.--Proceeds''; and
                            (ii) by striking the second sentence and 
                        inserting the following:
                    ``(B) Holding in trust.--Proceeds described in 
                subparagraph (A) shall be deposited and held in an 
                account as trust personalty if the interest sold would 
                otherwise pass to--
                            ``(i) the heir, by intestate succession 
                        under subsection (a); or
                            ``(ii) the devisee in trust or restricted 
                        status under subsection (b)(1).''.
    (b) Nontestamentary Disposition.--Section 207(a)(2)(D)(iv)(I)(aa) 
of the Indian Land Consolidation Act (25 U.S.C. 
2206(a)(2)(D)(iv)(I)(aa)) is amended--
            (1) by striking ``clause (iii)'' and inserting ``this 
        subparagraph''; and
            (2) in subitem (BB), by striking ``any co-owner'' and 
        inserting ``not more than 1 co-owner''.
    (c) Joint Tenancy; Right of Survivorship.--Section 207(c) of the 
Indian Land Consolidation Act (25 U.S.C. 2206(c)) is amended by 
striking the subsection heading and inserting the following:
    ``(c) Joint Tenancy; Right of Survivor-
ship.--''.
    (d) Estate Planning Assistance.--Section 207(f)(3) of the Indian 
Land Consolidation Act (25 U.S.C. 2206(f)(3)) is amended in the matter 
preceding subparagraph (A) by inserting ``, including noncompetitive 
grants,'' after ``grants''.

SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.

    Section 213 of the Indian Land Consolidation Act (25 U.S.C. 2212) 
is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.'';

        and
            (2) in subsection (a)(1), by striking ``(25 U.S.C. 
        2206(p))''.

SEC. 6. ESTABLISHING FAIR MARKET VALUE.

    Section 215 of the Indian Land Consolidation Act (25 U.S.C. 2214) 
is amended by striking the last sentence and inserting the following: 
``Such a system may govern the amounts offered for the purchase of 
interests in trust or restricted land under this Act.''.

SEC. 7. LAND OWNERSHIP INFORMATION.

    Section 217(e) of the Indian Land Consolidation Act (25 U.S.C. 
2216(e)) is amended by striking ``be made available to'' and inserting 
``be made available to--''.

SEC. 8. CONFORMING AMENDMENTS.

    (a) Probate Reform.--The American Indian Probate Reform Act of 2004 
(25 U.S.C. 2201 note; Public Law 108-374) is amended--
            (1) in section 4, by striking ``(as amended by section 
        6(a)(2))''; and
            (2) in section 9, by striking ``section 205(d)(2)(I)(i)'' 
        and inserting ``section 205(c)(2)(I)(i) of the Indian Land 
        Consolidation Act (25 U.S.C. 2204(c)(2)(I)(i))''.
    (b) Transfer and Exchange of Land.--Section 4 of the Act of June 
18, 1934 (25 U.S.C. 464) is amended to read as follows:

``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF 
              INDIAN TRIBES AND CORPORATIONS.

    ``(a) Approval.--Except as provided in this section, no sale, 
devise, gift, exchange, or other transfer of restricted Indian land or 
shares in the assets of an Indian tribe or corporation organized under 
this Act shall be made or approved.
    ``(b) Transfer to Indian Tribe.--
            ``(1) In general.--Land or shares described in subsection 
        (a) may be sold, devised, or otherwise transferred to the 
        Indian tribe on the reservation of which the land is located, 
        or in the corporation of which the shares are held or were 
        derived (or a successor of such a corporation), with the 
        approval of the Secretary of the Interior.
            ``(2) Descent and devise.--Land and shares transferred 
        under paragraph (1) shall descend or be devised to any member 
        of the Indian tribe or corporation (or an heir of such a 
        member) in accordance with the Indian Land Consolidation Act 
        (25 U.S.C. 2201 et seq.), including a tribal probate code 
        approved under that Act (including regulations).
    ``(c) Voluntary Exchanges.--The Secretary of the Interior may 
authorize a voluntary exchange of land or shares described in 
subsection (a) that the Secretary determines to be of equal value if 
the Secretary determines that the exchange is--
            ``(1) expedient;
            ``(2) beneficial for, or compatible with, achieving proper 
        consolidation of Indian land; and
            ``(3) for the benefit of cooperative organizations.''.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall be effective as if included 
in the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note; 
Public Law 108-374).
                                 <all>
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