II

106TH CONGRESS

2D SESSION S. 3182

To amend laws relating to the lands of the citizens of the Muscogee (Creek),

Seminole, Cherokee, Chickasaw and Choctaw Nations, historically referred to as the Five Civilized Tribes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 10 (legislative day, SEPTEMBER 22), 2000

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

to the Committee on Indian Affairs

A BILL

To amend laws relating to the lands of the citizens of the

Muscogee (Creek), Seminole, Cherokee, Chickasaw and

Choctaw Nations, historically referred to as the Five

Civilized Tribes, and for other purposes.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Five Nations Citizens Land Reform Act of 2000’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purpose.
2

•S 3182 IS

Sec. 4. Definitions.

TITLE I—RESTRICTIONS; REMOVAL OF RESTRICTIONS

Sec. 101. Restrictions on real property.

Sec. 102. Reinvestment of proceeds from condemnation or conveyance of restricted property.

Sec. 103. Restricted funds.

Sec. 104. Period of restrictions.

Sec. 105. Removal of restrictions.

Sec. 106. Exemptions from prior claims.

Sec. 107. Fractional interests.

TITLE II—ADMINISTRATIVE APPROVAL OF CONVEYANCES, PARTITIONS, LEASES, AND MORTGAGES; MANAGEMENT OF MINERAL

INTERESTS

Sec. 201. Approval authority for conveyances and leases.

Sec. 202. Approval of conveyances.

Sec. 203. Reimposition of restrictions on conveyances of property to Indian

housing authorities.

Sec. 204. Administrative partition.

Sec. 205. Surface leases.

Sec. 206. Mineral leases.

Sec. 207. Management of mineral interests.

Sec. 208. Mortgages.

Sec. 209. Validation of prior conveyances.

TITLE III—PROBATE, HEIRSHIP DETERMINATION, AND OTHER

JUDICIAL PROCEEDINGS

Sec. 301. Actions affecting restricted property.

Sec. 302. Heirship determinations and probates.

Sec. 303. Actions to cure title defects.

Sec. 304. Involuntary partitions.

Sec. 305. Requirements for actions to cure title defects and involuntary partitions.

Sec. 306. Pending State proceedings.

TITLE IV—MISCELLANEOUS

Sec. 401. Regulations.

Sec. 402. Repeals.

Sec. 403. Secretarial trust responsibility.

Sec. 404. Representation by attorneys for the Department of the Interior.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) Since 1970, Federal Indian policy has fo4 cused on Indian self-determination and economic

5 self-sufficiency. The exercise of Federal instrumen-
3

•S 3182 IS

1 tality jurisdiction by the Oklahoma State courts over

2 the Indian property that is subject to Federal re3 strictions against alienation belonging to members of

4 the Five Nations is inconsistent with that policy.

5 (2) It is a goal of Congress to recognize the In6 dian land base as an integral part of the culture and

7 heritage of Indian citizens.

8 (3) The exercise of Federal instrumentality ju9 risdiction by the courts of the State of Oklahoma

10 over conveyances and inheritance of restricted prop11 erty belonging to Indian citizens of the Five

12 Nations—

13 (A) is costly, confusing, and cumbersome,

14 and effectively prevents any meaningful Indian

15 estate planning, and unduly complicates the

16 probating of Indian estates and other legal pro17 ceedings relating to Indian citizens and their

18 lands; and

19 (B) has impeded the self-determination

20 and economic self-sufficiency of Indian citizens

21 within the exterior boundaries of the Five Na22 tions.

23 SEC. 3. PURPOSE.

24 (a) IN GENERAL.—It is the purpose of this Act to—
4

•S 3182 IS

1 (1) correct the disparate Federal treatment of

2 individual allotted lands of Indian citizens of the

3 Five Nations that resulted from prior Federal legis4 lation by equalizing the Federal legislative treatment

5 of restricted and trust lands;

6 (2) eliminate unnecessary legal and bureau7 cratic obstacles that impede the highest and best use

8 of restricted property belonging to Indian citizens of

9 the Five Nations;

10 (3) provide for an efficient process for the ad11 ministrative review and approval of conveyances, vol12 untary partitions, and leases, and to provide for

13 Federal administrative proceedings in testate and in14 testate probate and other cases that involve the re15 stricted property of Indian citizens, which concern

16 the rights of Indian citizens to hold and acquire

17 such property in restricted and trust status; and

18 (4) transfer to the Secretary the Federal instru19 mentality jurisdiction of the Oklahoma State courts

20 together with other authority currently exercised by

21 such courts over the conveyance, devise, inheritance,

22 lease, encumbrance, and partition under certain cir23 cumstances of restricted property belonging to In24 dian citizens of the Five Nations.
5

•S 3182 IS

1 (b) RULE OF CONSTRUCTION.—Nothing in this Act

2 shall be construed to limit or affect the rights of Indian

3 citizens under other Federal laws relating to the acquisi4 tion and status of trust property, including without limita5 tion, the Act of June 18, 1934 (25 U.S.C. 461 et seq.)

6 (commonly known as the Indian Reorganization Act), the

7 Act of June 26, 1936 (25 U.S.C. 501 et seq.) (commonly

8 known as the Oklahoma Indian Welfare Act), the Indian

9 Land Consolidation Act (25 U.S.C. 2201 et seq.), and reg10 ulations relating to the Secretary’s authority to acquire

11 lands in trust for Indians and Indian tribes.

12 SEC. 4. DEFINITIONS.

13 In this Act:

14 (1) FIVE NATIONS.—The term ‘‘Five Nations’’

15 means the Cherokee Nation, the Chickasaw Nation,

16 the Choctaw Nation of Oklahoma, the Seminole Na17 tion of Oklahoma, and the Muscogee (Creek) Nation,

18 collectively, which are historically referred to as the

19 ‘‘Five Civilized Tribes’’.

20 (2) INDIAN CITIZEN.—The term ‘‘Indian cit21 izen’’ means a member or citizen of one of the indi22 vidual Five Nations referred to in paragraph (1), or

23 an individual who is a lineal descendent by blood of

24 an Indian ancestor enrolled on the final Indian rolls

25 of the Five Civilized Tribes closed in 1906.
6

•S 3182 IS

1 (3) INDIAN COUNTRY.—The term ‘‘Indian coun2 try’’ has the meaning given that term in section

3 1151 of title 18, United States Code, which includes

4 restricted property and trust property (as such

5 terms are defined in this Act).

6 (4) INDIAN NATION.—The term ‘‘Indian Na7 tion’’ means one of the individual Five Nations re8 ferred to in paragraph (1).

9 (5) REGIONAL OFFICE.—The term ‘‘Regional

10 Office’’ means the Eastern Oklahoma Regional Of11 fice of the Bureau of Indian Affairs, or any suc12 cessor office within the Department of the Interior.

13 (6) RESTRICTED PROPERTY.—The term ‘‘re14 stricted property’’ means any right, title or interest

15 in real property owned by an Indian citizen that is

16 subject to a restriction against alienation, lease,

17 mortgage, and other encumbrances imposed by this

18 Act and other laws of the United States expressly

19 applicable to the property of enrollees and lineal de20 scendants of enrollees on the final Indian rolls of the

21 Five Civilized Tribes in 1906, and includes those in22 terests in property that were subject to a restriction

23 against alienation imposed by the United States on

24 the ownership of an Indian citizen who died prior to

25 the effective date of this Act (subject to valid exist-
7

•S 3182 IS

1 ing rights) but whose interest had not, as of the ef2 fective date of this Act, been the subject of a final

3 order determining heirs by a State district court or

4 a United States District Court, or been conveyed by

5 putative heirs by deed approved in State district

6 court, except that such term shall not include Indian

7 trust allotments made pursuant to the General Allot8 ment Act (25 U.S.C. 331 et seq.) or any other trust

9 property.

10 (7) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior.

12 (8) TRUST PROPERTY.—The term ‘‘trust prop13 erty’’ means Indian property, title to which is held

14 in trust by the United States for the benefit of an

15 Indian citizen or an Indian Nation.

16 TITLE I—RESTRICTIONS;

17 REMOVAL OF RESTRICTIONS

18 SEC. 101. RESTRICTIONS ON REAL PROPERTY.

19 (a) APPLICATION.—Beginning on the effective date

20 of this Act, all restricted property shall be subject to re21 strictions against alienation, lease, mortgage, and other

22 encumbrances, regardless of the degree of Indian blood of

23 the Indian citizen who owns such property.

24 (b) CONTINUATION.—
8

•S 3182 IS

1 (1) IN GENERAL.—The restrictions made appli2 cable under subsection (a) shall continue with re3 spect to restricted property upon the acquisition of

4 such property by an Indian citizen by inheritance,

5 devise, gift, or exchange.

6 (2) WITH WAIVER.—The restrictions made ap7 plicable under subsection (a) shall continue with re8 spect to restricted property upon the acquisition of

9 such property by an Indian citizen by election to

10 take at partition or by purchase if—

11 (A) prior to the execution of the deed

12 transferring such restricted property, the In13 dian citizen who owned such property prior to

14 such election to take or purchase executes a

15 written waiver of his or her right to acquire

16 other property in restricted status pursuant to

17 section 102; and

18 (B) such restrictions appear in the deed

19 transferring such property to the Indian citizen

20 electing to take at partition or purchasing such

21 property, with certification by the Secretary

22 that the requirements of this paragraph have

23 been met.
9

•S 3182 IS

1 SEC. 102. REINVESTMENT OF PROCEEDS FROM CONDEMNA2 TION OR CONVEYANCE OF RESTRICTED

3 PROPERTY.

4 (a) REQUIREMENT.—Upon the conveyance of the re5 stricted property of an Indian citizen pursuant to this Act,

6 or upon the conveyance or condemnation of such property

7 pursuant to section 3 of the Act of March 3, 1901 (25

8 U.S.C. 357) or other Federal laws generally applicable to

9 the condemnation of Indian trust or restricted property,

10 to any individual, corporation, or other entity, any pro11 ceeds from such conveyance or condemnation shall be used

12 to purchase from a willing seller other property designated

13 by such Indian citizen, and such designated property shall

14 be restricted property within the meaning of this Act if—

15 (1) such proceeds were deposited into a seg16 regated account in a trust fund under the super17 vision of the Secretary at the request of the Indian

18 citizen;

19 (2) such Indian citizen provides a written re20 quest to the Secretary for payment of all or a por21 tion of such proceeds for purchase of property to be

22 held in restricted status;

23 (3) such Indian citizen has not executed a writ24 ten waiver of his or her right to acquire other prop25 erty in restricted status pursuant to section 101;

26 and
10

•S 3182 IS

1 (4) such restrictions appear in the conveyance

2 to the Indian citizen with certification by the Sec3 retary that the requirements of this section have

4 been met.

5 (b) FAIR MARKET VALUE IN EXCESS OF PRO6 CEEDS.—If the fair market value of any property des7 ignated under subsection (a) exceeds the amount of pro8 ceeds that are derived from the conveyance or condemna9 tion involved, a specific tract of land within the property

10 shall be designated by the Indian citizen for placement in

11 restricted status. The size of the restricted tract of land

12 so designated shall be in the same proportion to the whole

13 of the property as the proceeds derived from the convey14 ance or condemnation bears to the fair market value of

15 the whole of the property. Such restrictions shall appear

16 on the face of the deed with certification by the Secretary

17 describing that portion of the property which is subject

18 to restrictions and certifying that the requirements of this

19 section have been met.

20 SEC. 103. RESTRICTED FUNDS.

21 (a) IN GENERAL.—All funds and securities held or

22 supervised by the Secretary derived from restricted prop23 erty or individual Indian trust property on or after the

24 effective date of this Act, including proceeds from any con25 veyance or condemnation as provided for in section 102,
11

•S 3182 IS

1 are declared to be restricted and shall remain subject to

2 the jurisdiction of the Secretary until or unless otherwise

3 provided for by Federal law.

4 (b) USE OF FUNDS.—Funds, securities, and proceeds

5 described in subsection (a) may be released or expended

6 by the Secretary for the use and benefit of the Indian citi7 zens to whom such funds, securities, and proceeds belong,

8 as provided for by Federal law.

9 SEC. 104. PERIOD OF RESTRICTIONS.

10 Subject to the provisions of this Act that permit re11 strictions to be removed, the period of restriction against

12 alienation, lease, mortgage, or other encumbrance of re13 stricted property and funds belonging to Indian citizens,

14 is hereby extended until an Act of Congress determines

15 otherwise.

16 SEC. 105. REMOVAL OF RESTRICTIONS.

17 (a) PROCEDURE.—

18 (1) APPLICATION.—An Indian citizen who owns

19 restricted property, or the legal guardian of a minor

20 Indian citizen or an Indian citizen who has been de21 termined to be legally incompetent by a court of

22 competent jurisdiction (including a tribal court),

23 may apply to the Secretary for an order removing

24 restrictions on any interest in restricted property

25 held by such Indian citizen.
12

•S 3182 IS

1 (2) CONSIDERATION OF APPLICATION.—An ap2 plication under paragraph (1) shall be considered by

3 the Secretary only as to the tract, tracts, or severed

4 mineral or surface interest described in the applica5 tion. Not later than 90 days after the date on which

6 an application is submitted, the Secretary shall ei7 ther issue the removal order or disapprove of the ap8 plication.

9 (3) DISAPPROVAL.—The Secretary shall dis10 approve an application under paragraph (1) if—

11 (A) in the Secretary’s judgment, the appli12 cant has been subjected to fraud, undue influ13 ence or duress by a third party; or

14 (B) the Secretary determines it is other15 wise not in the Indian citizen owner’s best in16 terest.

17 (b) REMOVAL OF RESTRICTIONS.—When an order to

18 remove restrictions becomes effective under subsection (a),

19 the Secretary shall issue a certificate describing the prop20 erty and stating that the Federal restrictions have been

21 removed.

22 (c) SUBMISSION OF LIST.—Prior to or on April 1 of

23 each year, the Secretary shall cause to be filed with the

24 county treasurer of each county in the State of Oklahoma

25 where restricted property is situated, a list of restricted
13

•S 3182 IS

1 property that has lost its restricted status during the pre2 ceding calendar year through acquisition of ownership by

3 an individual or entity who is not an Indian citizen or by

4 removal of restrictions pursuant to this section.

5 (d) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to—

7 (1) abrogate valid existing rights to property

8 that is subject to an order to remove restrictions

9 under this section; and

10 (2) remove restrictions on any other restricted

11 property owned by the applicant.

12 SEC. 106. EXEMPTIONS FROM PRIOR CLAIMS.

13 Sections 4 and 5 of the Act of May 27, 1908 (35

14 Stat. 312, chapter 199) shall apply to all restricted prop15 erty.

16 SEC. 107. FRACTIONAL INTERESTS.

17 Upon application by an Indian citizen owner of an

18 undivided unrestricted interest in property of which a por19 tion of the interests in such property are restricted as of

20 the effective date of this Act, the Secretary is authorized

21 to convert that unrestricted interest into restricted status

22 if all of the interests in the property are owned by Indian

23 citizens as tenants in common as of the date of the appli24 cation under this section.
14

•S 3182 IS

1 TITLE II—ADMINISTRATIVE AP2 PROVAL OF CONVEYANCES,

3 PARTITIONS, LEASES, AND

4 MORTGAGES; MANAGEMENT

5 OF MINERAL INTERESTS

6 SEC. 201. APPROVAL AUTHORITY FOR CONVEYANCES AND

7 LEASES.

8 The Secretary shall have exclusive jurisdiction to ap9 prove conveyances and leases of restricted property by an

10 Indian citizen or by any guardian or conservator of any

11 Indian citizen who is a ward in any guardianship or con12 servatorship proceeding pending in any court of competent

13 jurisdiction, except that petitions for such approvals that

14 are filed in Oklahoma district courts prior to the effective

15 date of this Act may be heard and approved by such courts

16 pursuant to the procedures described in section 1 of the

17 Act of August 4, 1947 (61 Stat. 731, chapter 458), as

18 in effect on the day before the effective date of this Act,

19 if the Indian citizen does not revoke in writing his or her

20 consent to the conveyance or lease prior to final court ap21 proval.

22 SEC. 202. APPROVAL OF CONVEYANCES.

23 (a) PROCEDURE.—

24 (1) IN GENERAL.—Except as provided in sub25 section (b), restricted property may be conveyed by
15

•S 3182 IS

1 an Indian citizen pursuant to the procedures de2 scribed in this subsection.

3 (2) REQUIREMENTS.—An Indian citizen may

4 only convey restricted property—

5 (A) after the property is appraised;

6 (B) for an amount that is not less than 90

7 percent of the appraised value of the property;

8 (C) to the highest bidder through the sub9 mission to the Secretary of closed, silent bids or

10 negotiated bids; and

11 (D) upon the approval of the Secretary.

12 (b) EXCEPTION.—

13 (1) IN GENERAL.—Notwithstanding subsection

14 (a)(2), an Indian citizen may convey his or her re15 stricted property, or any portion thereof, to any of

16 the individuals or entities described in paragraph (2)

17 without soliciting bids, providing notice, or for con18 sideration which is less than the appraised value of

19 the property, if the Secretary determines that the

20 conveyance is not contrary to the best interests of

21 the Indian citizen and that the Indian citizen has

22 been duly informed of and understands the fair mar23 ket appraisal, and is not being coerced into the con24 veyance.
16

•S 3182 IS

1 (2) INDIVIDUALS AND ENTITIES.—An indi2 vidual or entity described in this paragraph is—

3 (A) the Indian citizen’s spouse (if he or

4 she is and Indian citizen), father, mother, son,

5 daughter, brother or sister, or other lineal de6 scendent, aunt or uncle, cousin, niece or neph7 ew, or Indian co-owner; or

8 (B) the Indian Nation whose last treaty

9 boundaries encompassed the restricted property

10 involved so long as the appraisal of the property

11 was conducted by an independent appraiser not

12 subject to the Indian Nation’s control.

13 (c) STATUS.—Restricted property that is acquired by

14 an Indian Nation whose last treaty boundaries encom15 passed the restricted property shall continue to be Indian

16 country. Upon application by the Indian Nation, the Sec17 retary shall accept title to such property in trust by the

18 United States for the benefit of the Indian Nation, except

19 that the Secretary may first require elimination of any ex20 isting liens or other encumbrances in order to comply with

21 applicable Federal title standards. The Secretary shall ac22 cept title to the property in trust for the Indian Nation

23 only if, after conducting a survey for hazardous sub24 stances, he determines that there is no evidence of such

25 substances on the property.
17

•S 3182 IS

1 SEC. 203. REIMPOSITION OF RESTRICTIONS ON CONVEY2 ANCES OF PROPERTY TO INDIAN HOUSING

3 AUTHORITIES.

4 (a) IN GENERAL.—In any case where the restrictions

5 have been removed from restricted property for the pur6 pose of allowing conveyances of the property to Indian

7 housing authorities to enable such authorities to build

8 homes for individual owners or relatives of owners of re9 stricted property, the Secretary shall issue a Certificate

10 of Restricted Status describing the property and imposing

11 restrictions thereon upon written request by the Indian

12 citizen homebuyer or a successor Indian citizen home13 buyer. Such request shall include evidence satisfactory to

14 the Secretary that the homebuyer’s contract has been paid

15 in full and be delivered to the Regional Office not later

16 than 3 years after the housing authority conveys such

17 property back to the original Indian citizen homebuyer or

18 a successor Indian citizen homebuyer who is a citizen of

19 the Nation whose last treaty boundaries encompass the

20 property where the home is located.

21 (b) EXISTING LIENS.—Prior to issuing a certificate

22 under subsection (a) with respect to property, the Sec23 retary may require the elimination of any existing liens

24 or other encumbrances which would substantially interfere

25 with the use of the property.
18

•S 3182 IS

1 (c) APPLICATION TO CERTAIN HOMEBUYERS.—In2 dian citizen homebuyers described in subsection (a) who

3 acquired ownership of property prior to the effective date

4 of this Act shall have 3 years from such effective date to

5 request that the Secretary issue a certificate under such

6 subsection.

7 (d) RULE OF CONSTRUCTION.—Nothing in this Act

8 shall be construed to limit or affect the rights of Indian

9 citizens described in this section under other Federal laws

10 and regulations relating to the acquisition and status of

11 trust property.

12 SEC. 204. ADMINISTRATIVE PARTITION.

13 (a) JURISDICTION.—Except as provided in section

14 304, the Secretary shall have exclusive jurisdiction to ap15 prove the partition of property located within the last trea16 ty boundaries of 1 or more of the Five Nations, all of

17 which is held in common, in trust or in restricted status,

18 by more than 1 Indian citizen owner, if the requirements

19 of this section are complied with. The Secretary may ap20 prove the voluntary partition of property consisting of

21 both restricted and unrestricted undivided interests if all

22 owners of the unrestricted interests consent to such ap23 proval in writing.

24 (b) PARTITION WITHOUT APPLICATION.—If the Sec25 retary determines that any property described in sub-
19

•S 3182 IS

1 section (a) is capable of partition in kind to the advantage

2 of the owners, the Secretary may initiate partition of the

3 property by—

4 (1) notifying the owners of such determination;

5 (2) providing the owners with a partition plan

6 for such property; and

7 (3) affording the owners a reasonable time to

8 respond, object, or consent to the proposal, in ac9 cordance with subsection (d).

10 (c) APPLICATION FOR PARTITION.—

11 (1) IN GENERAL.—An owner or owners of an

12 undivided interest in any property described in sub13 section (a) may make written application, on a form

14 approved by the Secretary, for the partition of their

15 trust or restricted property.

16 (2) DETERMINATION.—If, based on an applica17 tion submitted under paragraph (1), the Secretary

18 determines that the property involved is susceptible

19 to partition in kind, the Secretary shall initiate par20 tition of the property by—

21 (A) notifying the owners of such deter22 mination;

23 (B) providing the owners with a partition

24 plan; and
20

•S 3182 IS

1 (C) affording the owners a reasonable time

2 to respond, object or consent in accordance with

3 subsection (d).

4 (d) PARTITION PROCEDURES.—

5 (1) PROPOSED LAND DIVISION PLAN.—The Sec6 retary shall give applicants under subsection (c) and

7 nonpetitioning owners of property subject to parti8 tion under this section with a reasonable opportunity

9 to negotiate a proposed land division plan for the

10 purpose of securing ownership of a tract on the

11 property equivalent to their respective interests in

12 the undivided estate, prior to taking any action re13 lated to partition of the property under this section.

14 (2) APPROVAL.—If a plan under paragraph (1)

15 is approved by—

16 (A) Indian citizen owners of more than 50

17 percent of the property which is entirely in

18 trust status (as distinguished from restricted

19 status) and if the Secretary finds the plan to be

20 reasonable, fair and equitable, the Secretary

21 shall issue an order partitioning the trust prop22 erty in kind; or

23 (B) the Indian citizens who own more than

24 50 percent of the undivided interests which are

25 held in restricted status (as distinguished from
21

•S 3182 IS

1 trust status) and if the Secretary finds the plan

2 to be reasonable, fair and equitable, the Sec3 retary may attempt to negotiate for partition in

4 kind or for sale of all or a portion of the prop5 erty, and secure deeds from all interest owners,

6 subject to the Secretary’s approval.

7 (3) LIMITATION.—No partition under para8 graph (2)(B) shall be effected unless all of the own9 ers have consented to the plan in writing.

10 SEC. 205. SURFACE LEASES.

11 The surface of restricted property may be leased by

12 an Indian citizen pursuant to the Act of August 9, 1955

13 (25 U.S.C. 415 et seq.), except that the Secretary may

14 approve any agricultural lease or permit with respect to

15 restricted property in accordance with the provisions of

16 section 105 of the American Indian Agricultural Resource

17 Management Act (25 U.S.C. 3715).

18 SEC. 206. MINERAL LEASES.

19 (a) APPROVAL.—

20 (1) GENERAL RULE.—No mineral lease or

21 agreement purporting to convey or create any inter22 est in restricted or trust property that is entered

23 into or reentered into after the effective date of this

24 Act shall be valid unless approved by the Secretary.
22

•S 3182 IS

1 (2) REQUIREMENTS.—The Secretary may ap2 prove a mineral lease or agreement described in

3 paragraph (1) only if—

4 (A) the owners of a majority of the undi5 vided interest in the restricted or trust mineral

6 estate that is the subject of the mineral lease

7 or agreement (including any interest covered by

8 a lease or agreement executed by the Secretary

9 under subsection (c)) consent to the lease or

10 agreement;

11 (B) the Secretary determines that approv12 ing the lease or agreement is in the best inter13 est of the Indian citizen owners of the restricted

14 or trust mineral interests; and

15 (C) the Secretary has accepted the highest

16 bid for such lease or agreement after a competi17 tive bidding process has been conducted by the

18 Secretary, unless the Secretary has determined

19 that it is in the best interest of the Indian cit20 izen to award a lease made by negotiation, and

21 the Indian citizen so consents.

22 (b) EFFECT OF APPROVAL.—Upon the approval of

23 a mineral lease or agreement by the Secretary under sub24 section (a), the lease or agreement shall be binding upon

25 all owners of the restricted or trust undivided interests
23

•S 3182 IS

1 subject to the lease or agreement (including any interest

2 owned by an Indian tribe) and all other parties to the lease

3 or agreement, to the same extent as if all of the Indian

4 citizen owners of the restricted or trust mineral interests

5 involved had consented to the lease or agreement.

6 (c) EXECUTION OF LEASE OR AGREEMENT BY SEC7 RETARY.—The Secretary may execute a mineral lease or

8 agreement that affects restricted or trust property inter9 ests on behalf of an Indian citizen owner if that owner

10 is deceased and the heirs to, or devisees of, the interest

11 of the deceased owner have not been determined, or if the

12 heirs or devisees have been determined but one or more

13 of the heirs or devisees cannot be located.

14 (d) DISTRIBUTION OF PROCEEDS.—The proceeds de15 rived from a mineral lease or agreement approved by the

16 Secretary under subsection (a) shall be distributed in ac17 cordance with the interest held by each owner pursuant

18 to such rules and regulations as may be promulgated by

19 the Secretary.

20 (e) COMMUNITIZATION AGREEMENTS.—No unleased

21 restricted or trust property located within a spacing and

22 drilling unit approved by the Oklahoma Corporation Com23 mission may be drained of any oil or gas by a well within

24 such unit without a communitization agreement prepared

25 and approved by the Secretary, except that in the event
24

•S 3182 IS

1 of any such drainage without a communitization agree2 ment approved by the Secretary, 100 percent of all reve3 nues derived from the production from any such restricted

4 or trust property shall be paid to the Indian citizen owner

5 free of all lifting and other production costs.

6 SEC. 207. MANAGEMENT OF MINERAL INTERESTS.

7 (a) OIL AND GAS CONSERVATION LAWS.—

8 (1) IN GENERAL.—The oil and gas conservation

9 laws of the State of Oklahoma shall apply to re10 stricted property.

11 (2) ENFORCEMENT.—The Oklahoma Corpora12 tion Commission shall have the authority to perform

13 ministerial functions related to the enforcement of

14 the laws referred to in paragraph (1), including en15 forcement actions against well operators, except that

16 no order of the Corporation Commission affecting

17 restricted Indian property shall be valid as to such

18 property until such order is submitted to and ap19 proved by the Secretary.

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

21 subsection shall be construed to limit the authority

22 of the Indian Nations to protect the environment

23 and natural resources of restricted property.

24 (b) IMPLEMENTATION OF FEDERAL OIL AND GAS

25 ROYALTY MANAGEMENT ACT.—Beginning on the effective
25

•S 3182 IS

1 date of this Act, the Regional Office shall assume all the

2 duties and responsibilities of the Secretary under the Fed3 eral Oil and Gas Royalty Management Act of 1982 (30

4 U.S.C. 1702 et seq.) with respect to an oil and gas lease

5 where—

6 (1) the Secretary has approved the oil and gas

7 lease pursuant to section 206(a);

8 (2) the Secretary has, prior to the effective date

9 of this Act, approved the oil and gas lease pursuant

10 to the Act of May 27, 1908 (35 Stat. 312, chapter

11 199); or

12 (3) the Secretary has, before the effective date

13 of this Act, approved an oil and gas lease of lands

14 of any of the Five Nations pursuant to the Act of

15 May 11, 1938 (25 U.S.C. 396a et seq.).

16 SEC. 208. MORTGAGES.

17 An Indian citizen may mortgage restricted property

18 only in accordance with and under the authority of the

19 Act of March 29, 1956 (25 U.S.C. 483a), or other Federal

20 laws applicable to the mortgaging of individual Indian

21 trust property or restricted property.

22 SEC. 209. VALIDATION OF PRIOR CONVEYANCES.

23 All conveyances, including oil and gas or mineral

24 leases, of restricted property and trust property made

25 after the effective date of the Act of June 26, 1936 (25
26

•S 3182 IS

1 U.S.C. 501 et seq.) (commonly known as the Oklahoma

2 Indian Welfare Act) and prior to the effective date of this

3 Act, that were approved by a county or district court in

4 Oklahoma are hereby validated and confirmed, unless such

5 conveyance is determined by a court of competent jurisdic6 tion to be invalid upon grounds other than authority to

7 approve, sufficiency of approval, or lack of approval there8 of.

9 TITLE III—PROBATE, HEIRSHIP

10 DETERMINATION, AND OTHER

11 JUDICIAL PROCEEDINGS

12 SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.

13 The courts of the State of Oklahoma shall not have

14 jurisdiction over actions affecting title to, or use or dis15 position of, trust property or restricted property except as

16 authorized by this Act or by other Federal laws applicable

17 to trust property or restricted property.

18 SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.

19 (a) JURISDICTION.—Except as provided in section

20 306, the Secretary shall have exclusive jurisdiction, acting

21 through an Administrative Law Judge or other official

22 designated by the Secretary, to probate wills or otherwise

23 determine heirs of deceased Indian citizens and to adju24 dicate all such estate actions to the extent that they in25 volve individual trust property, restricted property, or re-
27

•S 3182 IS

1 stricted or trust funds or securities held or supervised by

2 the Secretary derived from such property.

3 (b) GOVERNING LAWS.—Notwithstanding any other

4 provision of law, the Administrative Law Judge or other

5 official designated by the Secretary shall exercise the Sec6 retary’s jurisdiction and authority under this section in

7 accordance with the Indian Land Consolidation Act (25

8 U.S.C. 2201 et seq.) and such rules and regulations which

9 heretofore have been, or will be, prescribed by the Sec10 retary for the probate of wills, determination of heirs, and

11 distribution of property in estates of Indian decedents,

12 subject to the following requirements:

13 (1) LAW APPLICABLE TO ESTATES OF INDIAN

14 CITIZEN DECEDENTS WHO DIED PRIOR TO EFFEC15 TIVE DATE.—The Administrative Law Judge or

16 other official designated by the Secretary shall apply

17 the laws of descent and distribution of the State of

18 Oklahoma contained in title 84 of the Oklahoma

19 Statutes, chapter 4, to all restricted property, trust

20 property, and all restricted or trust funds or securi21 ties derived from such property in the estates of de22 ceased Indian citizens who died intestate prior to the

23 effective date of this Act.

24 (2) LAW APPLICABLE TO WILLS EXECUTED

25 PRIOR TO EFFECTIVE DATE.—The Administrative
28

•S 3182 IS

1 Law Judge or other official designated by the Sec2 retary shall determine the validity and effect of wills

3 as to estates containing trust property or restricted

4 property when such wills were executed by Indian

5 citizens prior to the effective date of this Act, in ac6 cordance with the laws of the State of Oklahoma

7 governing the validity and effect of wills, provided

8 that the will of a full-blood Indian citizen which dis9 inherits the parent, wife, spouse, or children of such

10 citizen shall not be valid with respect to the disposi11 tion of restricted property unless the requirements of

12 section 23 of the Act of April 26, 1906 (34 Stat.

13 137, chapter 1876), as in effect on the day before

14 the effective date of this Act, are met.

15 (3) LAW APPLICABLE TO WILLS EXECUTED

16 AFTER EFFECTIVE DATE.—

17 (A) IN GENERAL.—Any Indian citizen who

18 has attained age 18 and owns restricted prop19 erty or trust property shall have the right to

20 dispose of such property by will, executed on or

21 after the effective date of this Act in accordance

22 with regulations which heretofore have been, or

23 will be, prescribed by the Secretary for the pro24 bate of wills, provided—
29

•S 3182 IS

1 (i) no will so executed shall be valid or

2 have any force or effect unless and until

3 such will has been approved by the Sec4 retary; and

5 (ii) that the Secretary may approve or

6 disapprove such will either before or after

7 the death of the Indian citizen testator.

8 (B) FRAUD.—In any case where a will has

9 been approved by the Secretary under subpara10 graph (A) and it is subsequently discovered that

11 there was fraud in connection with the execu12 tion or procurement of the will, the Secretary is

13 authorized, within 1 year after the death of the

14 testator, to cancel approval of the will. If an ap15 proval is canceled in accordance with the pre16 ceding sentence, the property purported to be

17 disposed of in the will shall descend or be dis18 tributed in accordance with the Secretary’s

19 rules and regulations applicable to estates of

20 Indian decedents who die intestate.

21 (4) FEDERAL LAW CONTROLS.—Notwith22 standing any other provision of this section, Federal

23 law governing personal claims against a deceased In24 dian citizen or against trust property or restricted

25 property, including the restrictions imposed by this
30

•S 3182 IS

1 Act or other applicable Federal law against the

2 alienation, lease, mortgage, or other encumbrance of

3 trust property or restricted property shall apply to

4 all such property contained in the estate of the de5 ceased Indian citizen.

6 SEC. 303. ACTIONS TO CURE TITLE DEFECTS.

7 (a) JURISDICTION.—Except as provided in sub8 sections (b) and (c), the United States district courts in

9 the State of Oklahoma and the State courts of Oklahoma

10 shall retain jurisdiction over actions seeking to cure de11 fects affecting the marketability of title to restricted prop12 erty, except that all such actions shall be subject to the

13 requirements of section 305.

14 (b) ADVERSE POSSESSION.—No cause of action may

15 be brought to claim title to or an interest in restricted

16 property by adverse possession or the doctrine of laches

17 on or after the effective date of this Act, except that—

18 (1) all such causes that are pending on the ef19 fective date of this Act in accordance with the provi20 sions of section 3 of the Act of April 12, 1926 (44

21 Stat. 239, chapter 115) shall be subject to section

22 306; and

23 (2) an action to quiet title to an interest in re24 stricted property on the basis of adverse possession

25 may be filed in the courts of the State of Oklahoma
31

•S 3182 IS

1 not later than 2 years after the effective date of this

2 Act if the 15-year period for acquiring title by ad3 verse possession has run in full prior to the effective

4 date of this Act and the procedures set forth in sec5 tion 305 shall be followed.

6 (c) HEIRSHIP DETERMINATIONS AND DISPOSI7 TIONS.—Nothing in this section shall be construed to au8 thorize a determination of heirs in a quiet title action in

9 Federal or State court in derogation of the Secretary’s ex10 clusive jurisdiction to probate wills or otherwise determine

11 heirs of the deceased Indian citizens owning restricted

12 property and to adjudicate all such estate actions involving

13 restricted property pursuant to section 302, or in deroga14 tion of the Secretary’s exclusive jurisdiction over the dis15 position of restricted property under this Act.

16 SEC. 304. INVOLUNTARY PARTITIONS.

17 (a) JURISDICTION.—The United States district

18 courts in the State of Oklahoma and the State courts of

19 Oklahoma shall retain jurisdiction over actions for the in20 voluntary partition of property consisting entirely or par21 tially of undivided restricted interests, subject to the provi22 sions of subsections (b) through (e) and the requirements

23 in section 306.

24 (b) APPLICABLE LAW.—The laws of the State of

25 Oklahoma governing the partition of property shall be ap-
32

•S 3182 IS

1 plicable to all actions for involuntary partition under this

2 section, except to the extent that any such laws are in

3 conflict with any provisions of this Act.

4 (c) PETITION: CONSENT OF OWNERS OF MAJORITY

5 OF UNDIVIDED INTERESTS.—Any person who owns an

6 undivided interest in a tract of property described in sub7 section (a) may file an action in the district court of the

8 State of Oklahoma for the county wherein the tract is lo9 cated for the involuntary partition of such tract. The court

10 shall not grant the petition unless the owner or owners

11 of more than 50 percent of the tract consent to the parti12 tion in the verified petition or verified answer filed in the

13 action.

14 (d) PAYMENT TO NONCONSENTING OWNERS OF RE15 STRICTED INTERESTS.—Nonconsenting owners of undi16 vided restricted interests shall receive for the sale of such

17 interests their proportionate share of the greater of—

18 (1) the proceeds paid at the partition sale; or

19 (2) an amount equal to 100 percent of the ap20 praised value of the tract.

21 (e) COSTS.—The petitioning party in an action under

22 this section shall pay the filing fees and all other costs

23 of the action, including the cost of an appraisal, advertise24 ment, and sale.
33

•S 3182 IS

1 SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE TITLE

2 DEFECTS AND INVOLUNTARY PARTITIONS.

3 (a) IN GENERAL.—All actions authorized by sections

4 303 and 304 shall be conducted in accordance with the

5 requirements and procedures described in this section.

6 (b) PARTIES.—

7 (1) UNITED STATES.—The United States shall

8 not be a necessary and indispensable party to an ac9 tion authorized under section 303 or 304. The Sec10 retary may participate as a party in any such action.

11 (2) PARTICIPATION OF SECRETARY.—If the

12 Secretary elects to participate in an action as pro13 vided for under paragraph (1), the responsive plead14 ing of the Secretary shall be made not later than 20

15 days after the Secretary receives the notice required

16 under subsection (c), or within such extended time

17 as the trial court in its discretion may permit.

18 (3) JUDGMENT BINDING.—After the appear19 ance of the Secretary in any action described in

20 paragraph (1), or after the expiration of the time in

21 which the Secretary is authorized to respond under

22 paragraph (2), the proceedings and judgment in

23 such action shall be binding on the United States

24 and the parties upon whom service has been made

25 and shall affect the title to the restricted property

26 which is the subject of the action, in the same man-
34

•S 3182 IS

1 ner and extent as though nonrestricted property

2 were involved.

3 (4) RULE OF CONSTRUCTION.—Nothing in this

4 section shall be construed to waive the requirement

5 of service of summons in accordance with applicable

6 Federal or State law upon the individual Indian cit7 izen landowners, who shall be necessary and indis8 pensable parties to all actions authorized by sections

9 303 and 304.

10 (c) NOTICE.—

11 (1) IN GENERAL.—The plaintiff in any action

12 authorized by sections 303 and 304 shall serve writ13 ten notice of the filing of such action and of a peti14 tion or complaint, or any amended petition or com15 plaint which substantially changes the nature of the

16 action or includes a new cause of action, upon the

17 Director of the Regional Office not later than 10

18 days after the filing of any such petition or com19 plaint or any such amended petition or complaint.

20 (2) FILING WITH CLERK.—A duplicate original

21 of any notice served under paragraph (1) shall be

22 filed with the clerk of the court in which the action

23 is pending.

24 (3) REQUIREMENTS.—The notice required

25 under paragraph (1) shall—
35

•S 3182 IS

1 (A) be accompanied by a certified copy of

2 all pleadings on file in the action at the time of

3 the filing of the duplicate original notice with

4 the clerk under paragraph (2);

5 (B) be signed by the plaintiff to the action

6 or his or her counsel of record; and

7 (C) be served by certified mail, return re8 ceipt requested, and due return of service made

9 thereon, showing date of receipt and service of

10 notice.

11 (4) FAILURE TO SERVE.—If the notice required

12 under paragraph (1) is not served within the time

13 required under such paragraph, or if return of serv14 ice thereof is not made within the time permitted by

15 law for the return of service of summons, alias no16 tices may be provided until service and return of no17 tice is made, except that in the event that service of

18 the notice required under such paragraph is not

19 made within 60 days following the filing of the peti20 tion or complaint or amendments thereof, the action

21 shall be dismissed without prejudice.

22 (5) LIMITATION.—In no event shall the United

23 States or the parties named in a notice filed under

24 paragraph (1) be bound, or title to the restricted
36

•S 3182 IS

1 property be affected, unless written notice is served

2 upon the Director as required under this subsection.

3 (d) REMOVAL.—

4 (1) IN GENERAL.—The United States shall

5 have the right to remove any action to which this

6 section applies that is pending in a State court to

7 the United States district court by filing with the

8 State court, not later than 20 days after the service

9 of any notice with respect to such action under sub10 section (c), or within such extended period of time

11 as the trial court in its discretion may permit, a no12 tice of the removal of such action to such United

13 States district court, together with the certified copy

14 of the pleadings in such action as served on the Di15 rector of the Regional Office under subsection (c).

16 (2) DUTY OF STATE COURT.—It shall be the

17 duty of a State court to accept a notice filed under

18 paragraph (1) and cease all proceedings with respect

19 to such action.

20 (3) PLEADINGS.—Not later than 20 days after

21 the filing of a notice under paragraph (1), the copy

22 of the pleading involved (as provided under such

23 paragraph) shall be entered in the district court of

24 the United States and the defendants and

25 interveners in such action shall, not later than 20
37

•S 3182 IS

1 days after the pleadings are so entered, file a re2 sponsive pleading to the complaint in such action.

3 (4) PROCEEDINGS.—Upon the submission of

4 the filings required under paragraph (3), the action

5 shall proceed in the same manner as if it had been

6 originally commenced in the district court, and its

7 judgment may be reviewed by certiorari, appeal, or

8 writ of error in like manner as if the action had

9 been originally brought in such district court.

10 SEC. 306. PENDING STATE PROCEEDINGS.

11 The courts of the State of Oklahoma shall continue

12 to exercise authority as a Federal instrumentality over all

13 heirship, probate, partition, and other actions involving re14 stricted property that are pending on the effective date

15 of this Act until the issuance of a final judgment and ex16 haustion of all appeal rights in any such action, or until

17 the petitioner, personal representative, or the State court

18 dismisses the action in accordance with State law.

19 TITLE IV—MISCELLANEOUS

20 SEC. 401. REGULATIONS.

21 The Secretary may promulgate such regulations as

22 may be necessary to carry out this Act, except that failure

23 to promulgate such regulations shall not limit or delay the

24 effect of this Act.
38

•S 3182 IS

1 SEC. 402. REPEALS.

2 (a) IN GENERAL.—The following provisions are re3 pealed:

4 (1) The Act of August 11, 1955 (69 Stat. 666,

5 chapter 786).

6 (2) Section 2 of the Act of August 12, 1953

7 (67 Stat. 558, chapter 409).

8 (3) Sections 1 through 5 and 7 through 13 of

9 the Act of August 4, 1947 (61 Stat. 731, chapter

10 458).

11 (4) The Act of February 11, 1936 (25 U.S.C.

12 393a).

13 (5) The Act of January 27, 1933 (47 Stat. 777,

14 chapter 23).

15 (6) Sections 1, 2, 4, and 5 of the Act of May

16 10, 1928 (45 Stat. 495, chapter 517).

17 (7) The Act of April 12, 1926 (44 Stat. 239,

18 chapter 115).

19 (8) Sections 1 and 2 of the Act of June 14,

20 1918 (25 U.S.C. 375 and 355).

21 (9) Sections 1 through 3 and 6 through 12 of

22 the Act of May 27, 1908 (35 Stat. 312, chapter

23 199).

24 (10) Section 23 of the Act of April 26, 1906

25 (34 Stat. 137, chapter 1876).

26 (b) OTHER ACTS.—
39

•S 3182 IS

1 (1) IN GENERAL.—Not later than 6 months

2 after the effective date of this Act, the Secretary

3 shall prepare and submit to Congress a list of other

4 provisions of law that—

5 (A) expressly reference property of the

6 Five Nations or of Five Nations’ citizens and

7 that are in conflict with the provisions of this

8 Act; or

9 (B) are of general applicability with re10 spect to the property of Indian tribes and of in11 dividual Indians and that are in conflict with

12 this Act.

13 (2) TECHNICAL AMENDMENTS.—

14 (A) Section 28 of the Act of April 26,

15 1906 (34 Stat. 137, chapter 1876) is

16 amended—

17 (i) by striking the first proviso; and

18 (ii) by striking ‘‘Provided further’’ and

19 inserting ‘‘Provided’’.

20 (B) Section 6(c) of the Act of August 4,

21 1947 (61 Stat. 733, chapter 458) is amended

22 in the first sentence by striking ‘‘of one-half or

23 more Indian blood’’.
40

•S 3182 IS

1 SEC. 403. SECRETARIAL TRUST RESPONSIBILITY.

2 Nothing in this Act shall be construed to waive, mod3 ify, or diminish in any way the trust responsibility of the

4 United States over restricted property.

5 SEC. 404. REPRESENTATION BY ATTORNEYS FOR THE DE6 PARTMENT OF THE INTERIOR.

7 Attorneys of the Department of the Interior may—

8 (1) represent the Secretary in any actions filed

9 in the State courts of Oklahoma involving restricted

10 property;

11 (2) when acting as counsel for the Secretary,

12 provide information to all Indian citizens owning re13 stricted property (and to private counsel for such

14 citizens, if any) regarding their legal rights with re15 spect to the restricted property owned by such citi16 zens;

17 (3) at the request of any Indian citizen owning

18 restricted property, take such action as may be nec19 essary to cancel or annul any deed, conveyance,

20 mortgage, lease, contract to sell, power of attorney,

21 or any other encumbrance of any kind or character,

22 made or attempted to be made or executed in viola23 tion of this Act or any other Federal law, and take

24 such action as may be necessary to assist such In25 dian citizen in obtaining clear title, acquiring posses-
41

•S 3182 IS

1 sion, and retaining possession of restricted property;

2 and

3 (4) in carrying out paragraph (3), refer pro4 posed actions to be filed in the name of the United

5 States in a district court of the United States to the

6 United States Attorney for that district, and provide

7 assistance in an of-counsel capacity in those actions

8 that the United States Attorney elects to prosecute.

Æ