109TH CONGRESS

1ST SESSION S. 1481

AN ACT

To amend the Indian Land Consolidation Act to provide

for probate reform.

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 Land Probate

5 Reform Technical Corrections Act of 2005’’.
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1 SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN

2 LAND.

3 Section 205 of the Indian Land Consolidation Act

4 (25 U.S.C. 2204) is amended—

5 (1) by striking subsection (a) and inserting the

6 following:

7 ‘‘(a) PURCHASE OF LAND.—

8 ‘‘(1) IN GENERAL.—Subject to subsection (b),

9 any Indian tribe may purchase, at not less than fair

10 market value and with the consent of the owners of

11 the interests, part or all of the interests in—

12 ‘‘(A) any tract of trust or restricted land

13 within the boundaries of the reservation of the

14 tribe; or

15 ‘‘(B) land that is otherwise subject to the

16 jurisdiction of the tribe.

17 ‘‘(2) REQUIRED CONSENT.—

18 ‘‘(A) IN GENERAL.—The Indian tribe may

19 purchase all interests in a tract described in

20 paragraph (1) with the consent of the owners of

21 undivided interests equal to at least 50 percent

22 of the undivided interest in the tract.

23 ‘‘(B) INTEREST OWNED BY TRIBE.—Inter24 ests owned by an Indian tribe in a tract may

25 be included in the computation of the percent26 age of ownership of the undivided interests in
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1 that tract for purposes of determining whether

2 the consent requirement under subparagraph

3 (A) has been met.’’;

4 (2) by redesignating subsection (d) as sub5 section (c); and

6 (3) in subsection (c) (as redesignated by para7 graph (2))—

8 (A) in paragraph (2)—

9 (i) in subparagraph (G)(ii)(I), by

10 striking ‘‘a higher valuation of the land’’

11 and inserting ‘‘a value of the land that is

12 equal to or greater than that of the earlier

13 appraisal’’; and

14 (ii) in subparagraph (I)(iii)—

15 (I) in subclause (III), by insert16 ing ‘‘(if any)’’ after ‘‘this section’’;

17 and

18 (II) in subclause (IV)—

19 (aa) in item (aa), by striking

20 ‘‘less’’ and inserting ‘‘more’’; and

21 (bb) in item (bb), by strik22 ing ‘‘to implement this section’’

23 and inserting ‘‘under paragraph

24 (5)’’; and
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1 (B) in paragraph (5), in the second sen2 tence, by striking ‘‘shall’’ and inserting ‘‘may’’.

3 SEC. 3. TRIBAL PROBATE CODES.

4 Section 206 of the Indian Land Consolidation Act

5 (25 U.S.C. 2205) is amended—

6 (1) in subsection (b)(3), by striking subpara7 graph (A) and inserting the following:

8 ‘‘(A) the date that is 1 year after the date

9 on which the Secretary makes the certification

10 required under section 8(a)(4) of the American

11 Indian Probate Reform Act of 2004 (25 U.S.C.

12 2201 note; Public Law 108–374); or’’; and

13 (2) in subsection (c)—

14 (A) in paragraph (1)(A), by striking ‘‘sec15 tion’’ and all that follows through ‘‘the Indian

16 tribe’’ and inserting ‘‘section 207(b)(2)(A)(ii),

17 the Indian tribe’’; and

18 (B) in paragraph (2)(A)(i)(II)(bb), by in19 serting ‘‘in writing’’ after ‘‘agrees’’.

20 SEC. 4. DESCENT AND DISTRIBUTION.

21 (a) IN GENERAL.—Section 207 of the Indian Land

22 Consolidation Act (25 U.S.C. 2206) is amended—

23 (1) by redesignating subsections (h) through (p)

24 as subsections (g) through (o), respectively;
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1 (2) in subsection (g) (as redesignated by para2 graph (1))—

3 (A) in paragraph (2)—

4 (i) by inserting ‘‘specifically’’ after

5 ‘‘pertains’’; and

6 (ii) by striking subparagraph (B) and

7 inserting the following:

8 ‘‘(B) the allotted land (or any interest re9 lating to such land) of 1 or more specific Indian

10 tribes expressly identified in Federal law, in11 cluding any of the Federal laws governing the

12 probate or determination of heirs associated

13 with, or otherwise relating to, the land, interest

14 in land, or other interests or assets that are

15 owned by individuals in—

16 ‘‘(i) Five Civilized Tribes restricted

17 fee status; or

18 ‘‘(ii) Osage Tribe restricted fee sta19 tus.’’; and

20 (B) by adding at the end the following:

21 ‘‘(3) EFFECT OF SUBSECTION.—Except to the

22 extent that this Act otherwise affects the application

23 of a Federal law described in paragraph (2), nothing

24 in this subsection limits the application of this Act
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1 to trust or restricted land, interests in such land, or

2 any other trust or restricted interests or assets.’’;

3 (3) in subsection (h) (as redesignated by para4 graph (1))—

5 (A) in paragraph (6), by striking ‘‘(25

6 U.S.C. 2205)’’; and

7 (B) in paragraph (7), by inserting ‘‘in

8 trust or restricted status’’ after ‘‘testator’’;

9 (4) in subsection (j) (as redesignated by para10 graph (1))—

11 (A) in paragraph (2)(A)—

12 (i) in clause (ii)(I), by striking ‘‘the

13 date of enactment of this subparagraph’’

14 and inserting ‘‘the date that is 1 year after

15 the date on which the Secretary publishes

16 a notice of certification under section

17 8(a)(4) of the American Indian Probate

18 Reform Act of 2004 (25 U.S.C. 2201 note;

19 Public Law 108–374)’’; and

20 (ii) in clause (iii), by striking ‘‘the

21 provisions of section 207(a)(2)(A)’’ and in22 serting ‘‘subsection (a)(2)(A)’’;

23 (B) in paragraph (8)(D), by striking ‘‘the

24 provisions of section 207(a)(2)(D) (25 U.S.C.
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1 2206(a)(2)(D))’’ and inserting ‘‘subsection

2 (a)(2)(D)’’; and

3 (C) in paragraph (9)(C)—

4 (i) by striking ‘‘section 207(e) (25

5 U.S.C. 2206(e))’’ and inserting ‘‘sub6 section (e)’’; and

7 (ii) by striking ‘‘section 207(p) (25

8 U.S.C. 2206(p))’’ and inserting ‘‘sub9 section (o)’’; and

10 (5) in subsection (o) (as redesignated by para11 graph (1))—

12 (A) in paragraph (2)—

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘section

15 207(a)(2)(A) or (D)’’ and inserting ‘‘sub16 paragraph (A) or (D) of subsection

17 (a)(2)’’; and

18 (ii) in subparagraph (A), by striking

19 ‘‘section 207(b)(1)(A)’’ and inserting ‘‘sub20 section (b)(1)(A)’’;

21 (B) in paragraph (3)(B), by striking ‘‘sec22 tion 207(a)(2)(A) or (D)’’ and inserting ‘‘sub23 paragraph (A) or (D) of subsection (a)(2)’’; and

24 (C) in paragraph (6)—
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1 (i) in the first sentence, by striking

2 ‘‘Proceeds’’ and inserting the following:

3 ‘‘(A) IN GENERAL.—Proceeds’’; and

4 (ii) by striking the second sentence

5 and inserting the following:

6 ‘‘(B) HOLDING IN TRUST.—Proceeds de7 scribed in subparagraph (A) shall be deposited

8 and held in an account as trust personalty if

9 the interest sold would otherwise pass to—

10 ‘‘(i) the heir, by intestate succession

11 under subsection (a); or

12 ‘‘(ii) the devisee in trust or restricted

13 status under subsection (b)(1).’’.

14 (b) NONTESTAMENTARY DISPOSITION.—Section

15 207(a)(2)(D)(iv)(I)(aa) of the Indian Land Consolidation

16 Act (25 U.S.C. 2206(a)(2)(D)(iv)(I)(aa)) is amended—

17 (1) by striking ‘‘clause (iii)’’ and inserting ‘‘this

18 subparagraph’’; and

19 (2) in subitem (BB), by striking ‘‘any co20 owner’’ and inserting ‘‘not more than 1 co-owner’’.

21 (c) JOINT TENANCY; RIGHT OF SURVIVORSHIP.—

22 Section 207(c) of the Indian Land Consolidation Act (25

23 U.S.C. 2206(c)) is amended by striking the subsection

24 heading and inserting the following:
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1 ‘‘(c) JOINT TENANCY; RIGHT OF SURVIVORSHIP.—

2 ’’.

3 (d) ESTATE PLANNING ASSISTANCE.—Section

4 207(f)(3) of the Indian Land Consolidation Act (25

5 U.S.C. 2206(f)(3)) is amended in the matter preceding

6 subparagraph (A) by inserting ‘‘, including noncompetitive

7 grants,’’ after ‘‘grants’’.

8 SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.

9 Section 213 of the Indian Land Consolidation Act

10 (25 U.S.C. 2212) is amended—

11 (1) by striking the section heading and insert12 ing the following:

13 ‘‘SEC. 213. FRACTIONAL INTEREST ACQUISITION PRO14 GRAM.’’;

15 and

16 (2) in subsection (a)(1), by striking ‘‘(25

17 U.S.C. 2206(p))’’.

18 SEC. 6. ESTABLISHING FAIR MARKET VALUE.

19 Section 215 of the Indian Land Consolidation Act

20 (25 U.S.C. 2214) is amended by striking the last sentence

21 and inserting the following: ‘‘Such a system may govern

22 the amounts offered for the purchase of interests in trust

23 or restricted land under this Act.’’.
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1 SEC. 7. LAND OWNERSHIP INFORMATION.

2 Section 217(e) of the Indian Land Consolidation Act

3 (25 U.S.C. 2216(e)) is amended by striking ‘‘be made

4 available to’’ and inserting ‘‘be made available to—’’.

5 SEC. 8. CONFORMING AMENDMENTS.

6 (a) PROBATE REFORM.—The American Indian Pro7 bate Reform Act of 2004 (25 U.S.C. 2201 note; Public

8 Law 108–374) is amended—

9 (1) in section 4, by striking ‘‘(as amended by

10 section 6(a)(2))’’; and

11 (2) in section 9, by striking ‘‘section

12 205(d)(2)(I)(i)’’ and inserting ‘‘section

13 205(c)(2)(I)(i) of the Indian Land Consolidation Act

14 (25 U.S.C. 2204(c)(2)(I)(i))’’.

15 (b) TRANSFER AND EXCHANGE OF LAND.—Section

16 4 of the Act of June 18, 1934 (25 U.S.C. 464) is amended

17 to read as follows:

18 ‘‘SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED IN19 DIAN LAND AND SHARES OF INDIAN TRIBES

20 AND CORPORATIONS.

21 ‘‘(a) APPROVAL.—Except as provided in this section,

22 no sale, devise, gift, exchange, or other transfer of re23 stricted Indian land or shares in the assets of an Indian

24 tribe or corporation organized under this Act shall be

25 made or approved.

26 ‘‘(b) TRANSFER TO INDIAN TRIBE.—
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1 ‘‘(1) IN GENERAL.—Land or shares described

2 in subsection (a) may be sold, devised, or otherwise

3 transferred to the Indian tribe on the reservation of

4 which the land is located, or in the corporation of

5 which the shares are held or were derived (or a suc6 cessor of such a corporation), with the approval of

7 the Secretary of the Interior.

8 ‘‘(2) DESCENT AND DEVISE.—Land and shares

9 transferred under paragraph (1) shall descend or be

10 devised to any member of the Indian tribe or cor11 poration (or an heir of such a member) in accord12 ance with the Indian Land Consolidation Act (25

13 U.S.C. 2201 et seq.), including a tribal probate code

14 approved under that Act (including regulations).

15 ‘‘(c) VOLUNTARY EXCHANGES.—The Secretary of the

16 Interior may authorize a voluntary exchange of land or

17 shares described in subsection (a) that the Secretary de18 termines to be of equal value if the Secretary determines

19 that the exchange is—

20 ‘‘(1) expedient;

21 ‘‘(2) beneficial for, or compatible with, achiev22 ing proper consolidation of Indian land; and

23 ‘‘(3) for the benefit of cooperative organiza24 tions.’’.
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1 SEC. 9. EFFECTIVE DATE.

2 The amendments made by this Act shall be effective

3 as if included in the American Indian Probate Reform Act

4 of 2004 (25 U.S.C. 2201 note; Public Law 108–374).

Passed the Senate July 26, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1481

AN ACT

To amend the Indian Land Consolidation Act to

provide for probate reform.