S. 1481

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

An Act

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)—
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(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)—
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(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 SURVIVORSHIP.—’’.

(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’’.
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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;
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‘‘(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).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.