106TH CONGRESS

2D SESSION S. 1586

AN ACT

To reduce the fractionated ownership of Indian lands, 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.

4 This Act may be cited as the ‘‘Indian Land Consoli5 dation Act Amendments of 2000’’.
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1 TITLE I—INDIAN LAND

2 CONSOLIDATION

3 SEC. 101. FINDINGS.

4 Congress finds that—

5 (1) in the 1800’s and early 1900’s, the United

6 States sought to assimilate Indian people into the

7 surrounding non-Indian culture by allotting tribal

8 lands to individual members of Indian tribes;

9 (2) as a result of the allotment Acts and related

10 Federal policies, over 90,000,000 acres of land have

11 passed from tribal ownership;

12 (3) many trust allotments were taken out of

13 trust status, often without their owners consent;

14 (4) without restrictions on alienation, allotment

15 owners were subject to exploitation and their allot16 ments were often sold or disposed of without any

17 tangible or enduring benefit to their owners;

18 (5) the trust periods for trust allotments have

19 been extended indefinitely;

20 (6) because of the inheritance provisions in the

21 original treaties or allotment Acts, the ownership of

22 many of the trust allotments that have remained in

23 trust status has become fractionated into hundreds

24 or thousands of undivided interests, many of which

25 represent 2 percent or less of the total interests;
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1 (7) Congress has authorized the acquisition of

2 lands in trust for individual Indians, and many of

3 those lands have also become fractionated by subse4 quent inheritance;

5 (8) the acquisitions referred to in paragraph (7)

6 continue to be made;

7 (9) the fractional interests described in this sec8 tion often provide little or no return to the beneficial

9 owners of those interests and the administrative

10 costs borne by the United States for those interests

11 are inordinately high;

12 (10) in Babbitt v. Youpee (117 S Ct. 727

13 (1997)), the United States Supreme Court found the

14 application of section 207 of the Indian Land Con15 solidation Act (25 U.S.C. 2206) to the facts pre16 sented in that case to be unconstitutional, forcing

17 the Department of the Interior to address the status

18 of thousands of undivided interests in trust and re19 stricted lands;

20 (11)(A) on February 19, 1999, the Secretary of

21 Interior issued a Secretarial Order which officially

22 reopened the probate of all estates where an interest

23 in land was ordered to escheat to an Indian tribe

24 pursuant to section 207 of the Indian Land Consoli25 dation Act (25 U.S.C. 2206); and
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1 (B) the Secretarial Order also directed appro2 priate officials of the Bureau of Indian Affairs to

3 distribute such interests ‘‘to the rightful heirs and

4 beneficiaries without regard to 25 U.S.C. 2206’’;

5 (12) in the absence of comprehensive remedial

6 legislation, the number of the fractional interests

7 will continue to grow exponentially;

8 (13) the problem of the fractionation of Indian

9 lands described in this section is the result of a pol10 icy of the Federal Government, cannot be solved by

11 Indian tribes, and requires a solution under Federal

12 law.

13 (14) any devise or inheritance of an interest in

14 trust or restricted Indian lands is a matter of Fed15 eral law; and

16 (15) consistent with the Federal policy of tribal

17 self-determination, the Federal Government should

18 encourage the recognized tribal government that ex19 ercises jurisdiction over a reservation to establish a

20 tribal probate code for that reservation.

21 SEC. 102. DECLARATION OF POLICY.

22 It is the policy of the United States—

23 (1) to prevent the further fractionation of trust

24 allotments made to Indians;
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1 (2) to consolidate fractional interests and own2 ership of those interests into usable parcels;

3 (3) to consolidate fractional interests in a man4 ner that enhances tribal sovereignty;

5 (4) to promote tribal self-sufficiency and self6 determination; and

7 (5) to reverse the effects of the allotment policy

8 on Indian tribes.

9 SEC. 103. AMENDMENTS TO THE INDIAN LAND CONSOLIDA10 TION ACT.

11 The Indian Land Consolidation Act (25 U.S.C. 2201

12 et seq.) is amended—

13 (1) in section 202—

14 (A) in paragraph (1), by striking ‘‘(1)

15 ‘tribe’ ’’ and inserting ‘‘(1) ‘Indian tribe’ or

16 ‘tribe’ ’’;

17 (B) by striking paragraph (2) and insert18 ing the following:

19 ‘‘(2) ‘Indian’ means any person who is a mem20 ber of any Indian tribe or is eligible to become a

21 member of any Indian tribe, or any person who has

22 been found to meet the definition of ‘Indian’ under

23 a provision of Federal law if the Secretary deter24 mines that using such law’s definition of Indian is

25 consistent with the purposes of this Act;’’;
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1 (C) by striking ‘‘and’’ at the end of para2 graph (3);

3 (D) by striking the period at the end of

4 paragraph (4) and inserting ‘‘; and’’; and

5 (E) by adding at the end the following:

6 ‘‘(5) ‘heirs of the first or second degree’ means

7 parents, children, grandchildren, grandparents,

8 brothers and sisters of a decedent.’’;

9 (2) in section 205—

10 (A) in the matter preceding paragraph

11 (1)—

12 (i) by striking ‘‘Any Indian’’ and in13 serting ‘‘(a) IN GENERAL.—Subject to

14 subsection (b), any Indian’’;

15 (ii) by striking the colon and inserting

16 the following: ‘‘. Interests owned by an In17 dian tribe in a tract may be included in the

18 computation of the percentage of owner19 ship of the undivided interests in that tract

20 for purposes of determining whether the

21 consent requirement under the preceding

22 sentence has been met.’’;

23 (iii) by striking ‘‘: Provided, That—’’;

24 and inserting the following:
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1 ‘‘(b) CONDITIONS APPLICABLE TO PURCHASE.—Sub2 section (a) applies on the condition that—’’;

3 (B) in paragraph (2)—

4 (i) by striking ‘‘If,’’ and inserting

5 ‘‘if’’; and

6 (ii) by adding ‘‘and’’ at the end; and

7 (C) by striking paragraph (3) and insert8 ing the following:

9 ‘‘(3) the approval of the Secretary shall be re10 quired for a land sale initiated under this section,

11 except that such approval shall not be required with

12 respect to a land sale transaction initiated by an In13 dian tribe that has in effect a land consolidation

14 plan that has been approved by the Secretary under

15 section 204.’’;

16 (3) by striking section 206 and inserting the

17 following:

18 ‘‘SEC. 206. TRIBAL PROBATE CODES; ACQUISITIONS OF

19 FRACTIONAL INTERESTS BY TRIBES.

20 ‘‘(a) TRIBAL PROBATE CODES.—

21 ‘‘(1) IN GENERAL.—Notwithstanding any other

22 provision of law, any Indian tribe may adopt a tribal

23 probate code to govern descent and distribution of

24 trust or restricted lands that are—
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1 ‘‘(A) located within that Indian tribe’s res2 ervation; or

3 ‘‘(B) otherwise subject to the jurisdiction

4 of that Indian tribe.

5 ‘‘(2) POSSIBLE INCLUSIONS.—A tribal probate

6 code referred to in paragraph (1) may include—

7 ‘‘(A) rules of intestate succession; and

8 ‘‘(B) other tribal probate code provisions

9 that are consistent with Federal law and that

10 promote the policies set forth in section 102 of

11 the Indian Land Consolidation Act Amend12 ments of 2000.

13 ‘‘(3) LIMITATIONS.—The Secretary shall not

14 approve a tribal probate code if such code prevents

15 an Indian person from inheriting an interest in an

16 allotment that was originally allotted to his or her

17 lineal ancestor.

18 ‘‘(b) SECRETARIAL APPROVAL.—

19 ‘‘(1) IN GENERAL.—Any tribal probate code en20 acted under subsection (a), and any amendment to

21 such a tribal probate code, shall be subject to the

22 approval of the Secretary.

23 ‘‘(2) REVIEW AND APPROVAL.—

24 ‘‘(A) IN GENERAL.—Each Indian tribe

25 that adopts a tribal probate code under sub-
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1 section (a) shall submit that code to the Sec2 retary for review. Not later than 180 days after

3 a tribal probate code is submitted to the Sec4 retary under this paragraph, the Secretary shall

5 review and approve or disapprove that tribal

6 probate code.

7 ‘‘(B) CONSEQUENCE OF FAILURES TO AP8 PROVE OR DISAPPROVE A TRIBAL PROBATE

9 CODE.—If the Secretary fails to approve or dis10 approve a tribal probate code submitted for re11 view under subparagraph (A) by the date speci12 fied in that subparagraph, the tribal probate

13 code shall be deemed to have been approved by

14 the Secretary, but only to the extent that the

15 tribal probate code is consistent with Federal

16 law and promotes the policies set forth in sec17 tion 102 of the Indian Land Consolidation Act

18 Amendments of 2000.

19 ‘‘(C) CONSISTENCY OF TRIBAL PROBATE

20 CODE WITH ACT.—The Secretary may not ap21 prove a tribal probate code, or any amendment

22 to such a code, under this paragraph unless the

23 Secretary determines that the tribal probate

24 code promotes the policies set forth in section
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1 102 of the Indian Land Consolidation Act

2 Amendments of 2000.

3 ‘‘(D) EXPLANATION.—If the Secretary dis4 approves a tribal probate code, or an amend5 ment to such a code, under this paragraph, the

6 Secretary shall include in the notice of dis7 approval to the Indian tribe a written expla8 nation of the reasons for the disapproval.

9 ‘‘(E) AMENDMENTS.—

10 ‘‘(i) IN GENERAL.—Each Indian tribe

11 that amends a tribal probate code under

12 this paragraph shall submit the amend13 ment to the Secretary for review and ap14 proval. Not later than 60 days after receiv15 ing an amendment under this subpara16 graph, the Secretary shall review and ap17 prove or disapprove the amendment.

18 ‘‘(ii) CONSEQUENCE OF FAILURE TO

19 APPROVE OR DISAPPROVE AN AMEND20 MENT.—If the Secretary fails to approve

21 or disapprove an amendment submitted

22 under clause (i), the amendment shall be

23 deemed to have been approved by the Sec24 retary, but only to the extent that the

25 amendment is consistent with Federal law
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1 and promotes the policies set forth in sec2 tion 102 of the Indian Land Consolidation

3 Act of 2000.

4 ‘‘(3) EFFECTIVE DATES.—A tribal probate code

5 approved under paragraph (2) shall become effective

6 on the later of—

7 ‘‘(A) the date specified in section

8 207(g)(5); or

9 ‘‘(B) 180 days after the date of approval.

10 ‘‘(4) LIMITATIONS.—

11 ‘‘(A) TRIBAL PROBATE CODES.—Each trib12 al probate code enacted under subsection (a)

13 shall apply only to the estate of a decedent who

14 dies on or after the effective date of the tribal

15 probate code.

16 ‘‘(B) AMENDMENTS TO TRIBAL PROBATE

17 CODES.—With respect to an amendment to a

18 tribal probate code referred to in subparagraph

19 (A), that amendment shall apply only to the es20 tate of a decedent who dies on or after the ef21 fective date of the amendment.

22 ‘‘(5) REPEALS.—The repeal of a tribal probate

23 code shall—
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1 ‘‘(A) not become effective earlier than the

2 date that is 180 days after the Secretary re3 ceives notice of the repeal; and

4 ‘‘(B) apply only to the estate of a decedent

5 who dies on or after the effective date of the re6 peal.

7 ‘‘(c) AUTHORITY AVAILABLE TO INDIAN TRIBES.—

8 ‘‘(1) IN GENERAL.—If the owner of an interest

9 in trust or restricted land devises an interest in such

10 land to a non-Indian under section 207(a)(6)(A), the

11 Indian tribe that exercises jurisdiction over the par12 cel of land involved may acquire such interest by

13 paying to the Secretary the fair market value of

14 such interest, as determined by the Secretary on the

15 date of the decedent’s death. The Secretary shall

16 transfer such payment to the devisee.

17 ‘‘(2) LIMITATION.—

18 ‘‘(A) IN GENERAL.—Paragraph (1) shall

19 not apply to an interest in trust or restricted

20 land if, while the decedent’s estate is pending

21 before the Secretary, the non-Indian devisee re22 nounces the interest in favor of an Indian per23 son.

24 ‘‘(B) RESERVATION OF LIFE ESTATE.—A

25 non-Indian devisee described in subparagraph
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1 (A) or a non-Indian devisee described in section

2 207(a)(6)(B), may retain a life estate in the in3 terest involved, including a life estate to the

4 revenue produced from the interest. The

5 amount of any payment required under para6 graph (1) shall be reduced to reflect the value

7 of any life estate reserved by a non-Indian devi8 see under this subparagraph.

9 ‘‘(3) PAYMENTS.—With respect to payments by

10 an Indian tribe under paragraph (1), the Secretary

11 shall—

12 ‘‘(A) upon the request of the tribe, allow a

13 reasonable period of time, not to exceed 2

14 years, for the tribe to make payments of

15 amounts due pursuant to paragraph (1); or

16 ‘‘(B) recognize alternative agreed upon ex17 changes of consideration or extended payment

18 terms between the non-Indian devisee described

19 in paragraph (1) and the tribe in satisfaction of

20 the payment under paragraph (1).

21 ‘‘(d) USE OF PROPOSED FINDINGS BY TRIBAL JUS22 TICE SYSTEMS.—

23 ‘‘(1) TRIBAL JUSTICE SYSTEM DEFINED.—In

24 this subsection, the term ‘tribal justice system’ has
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1 the meaning given that term in section 3 of the In2 dian Tribal Justice Act (25 U.S.C. 3602).

3 ‘‘(2) REGULATIONS.—The Secretary by regula4 tion may provide for the use of findings of fact and

5 conclusions of law, as rendered by a tribal justice

6 system, as proposed findings of fact and conclusions

7 of law in the adjudication of probate proceedings by

8 the Department of the Interior.’’;

9 (4) by striking section 207 and inserting the

10 following:

11 ‘‘SEC. 207. DESCENT AND DISTRIBUTION.

12 ‘‘(a) TESTAMENTARY DISPOSITION.—

13 ‘‘(1) IN GENERAL.—Interests in trust or re14 stricted land may be devised only to—

15 ‘‘(A) the decedent’s Indian spouse or any

16 other Indian person; or

17 ‘‘(B) the Indian tribe with jurisdiction over

18 the land so devised.

19 ‘‘(2) LIFE ESTATE.—Any devise of an interest

20 in trust or restricted land to a non-Indian shall cre21 ate a life estate with respect to such interest.

22 ‘‘(3) REMAINDER.—

23 ‘‘(A) IN GENERAL.—Except where the re24 mainder from the life estate referred to in para25 graph (2) is devised to an Indian, such remain-
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1 der shall descend to the decedent’s Indian

2 spouse or Indian heirs of the first or second de3 gree pursuant to the applicable law of intestate

4 succession.

5 ‘‘(B) DESCENT OF INTERESTS.—If a dece6 dent described in subparagraph (A) has no In7 dian heirs of the first or second degree, the re8 mainder interest described in such subpara9 graph shall descend to any of the decedent’s

10 collateral heirs of the first or second degree,

11 pursuant to the applicable laws of intestate suc12 cession, if on the date of the decedent’s death,

13 such heirs were a co-owner of an interest in the

14 parcel of trust or restricted land involved.

15 ‘‘(C) DEFINITION.—For purposes of this

16 section, the term ‘collateral heirs of the first or

17 second degree’ means the brothers, sisters,

18 aunts, uncles, nieces, nephews, and first cous19 ins, of a decedent.

20 ‘‘(4) DESCENT TO TRIBE.—If the remainder in21 terest described in paragraph (3)(A) does not de22 scend to an Indian heir or heirs it shall descend to

23 the Indian tribe that exercises jurisdiction over the

24 parcel of trust or restricted lands involved, subject

25 to paragraph (5).
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1 ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO2 OWNERS.—An Indian co-owner of a parcel of trust

3 or restricted land may prevent the descent of an in4 terest in Indian land to an Indian tribe under para5 graph (4) by paying into the decedent’s estate the

6 fair market value of the interest in such land. If

7 more than 1 Indian co-owner offers to pay for such

8 an interest, the highest bidder shall obtain the inter9 est. If payment is not received before the close of the

10 probate of the decedent’s estate, the interest shall

11 descend to the tribe that exercises jurisdiction over

12 the parcel.

13 ‘‘(6) SPECIAL RULE.—

14 ‘‘(A) IN GENERAL.—Notwithstanding para15 graph (2), an owner of trust or restricted land

16 who does not have an Indian spouse, Indian lin17 eal descendant, an Indian heir of the first or

18 second degree, or an Indian collateral heir of

19 the first or second degree, may devise his or her

20 interests in such land to any of the decedent’s

21 heirs of the first or second degree or collateral

22 heirs of the first or second degree.

23 ‘‘(B) ACQUISITION OF INTEREST BY

24 TRIBE.—An Indian tribe that exercises jurisdic25 tion over an interest in trust or restricted land
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1 described in subparagraph (A) may acquire any

2 interest devised to a non-Indian as provided for

3 in section 206(c).

4 ‘‘(b) INTESTATE SUCCESSION.—

5 ‘‘(1) IN GENERAL.—An interest in trust or re6 stricted land shall pass by intestate succession only

7 to a decedent’s spouse or heirs of the first or second

8 degree, pursuant to the applicable law of intestate

9 succession.

10 ‘‘(2) LIFE ESTATE.—Notwithstanding para11 graph (1), with respect to land described in such

12 paragraph, a non-Indian spouse or non-Indian heirs

13 of the first or second degree shall only receive a life

14 estate in such land.

15 ‘‘(3) DESCENT OF INTERESTS.—If a decedent

16 described in paragraph (1) has no Indian heirs of

17 the first or second degree, the remainder interest

18 from the life estate referred to in paragraph (2)

19 shall descend to any of the decedent’s collateral In20 dian heirs of the first or second degree, pursuant to

21 the applicable laws of intestate succession, if on the

22 date of the decedent’s death, such heirs were a co23 owner of an interest in the parcel of trust or re24 stricted land involved.
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1 ‘‘(4) DESCENT TO TRIBE.—If the remainder in2 terest described in paragraph (3) does not descend

3 to an Indian heir or heirs it shall descend to the In4 dian tribe that exercises jurisdiction over the parcel

5 of trust or restricted lands involved, subject to para6 graph (5).

7 ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO8 OWNERS.—An Indian co-owner of a parcel of trust

9 or restricted land may prevent the descent of an in10 terest in such land for which there is no heir of the

11 first or second degree by paying into the decedent’s

12 estate the fair market value of the interest in such

13 land. If more than 1 Indian co-owner makes an offer

14 to pay for such an interest, the highest bidder shall

15 obtain the interest. If no such offer is made, the in16 terest shall descend to the Indian tribe that exercises

17 jurisdiction over the parcel of land involved.

18 ‘‘(c) JOINT TENANCY; RIGHT OF SURVIVORSHIP.—

19 ‘‘(1) TESTATE.—If a testator devises interests

20 in the same parcel of trust or restricted lands to

21 more than 1 person, in the absence of express lan22 guage in the devise to the contrary, the devise shall

23 be presumed to create joint tenancy with the right

24 of survivorship in the land involved.

25 ‘‘(2) INTESTATE.—
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1 ‘‘(A) IN GENERAL.—Any interest in trust

2 or restricted land that—

3 ‘‘(i) passes by intestate succession to

4 more than 1 person, including a remainder

5 interest under subsection (a) or (b) of sec6 tion 207; and

7 ‘‘(ii) that constitutes 5 percent or

8 more of the undivided interest in a parcel

9 of trust or restricted land;

10 shall be held as tenancy in common.

11 ‘‘(B) LIMITED INTEREST.—Any interest in

12 trust or restricted land that—

13 ‘‘(i) passes by intestate succession to

14 more than 1 person, including a remainder

15 interest under subsection (a) or (b) of sec16 tion 207; and

17 ‘‘(ii) that constitutes less than 5 per18 cent of the undivided interest in a parcel of

19 trust or restricted land;

20 shall be held by such heirs with the right of

21 survivorship.

22 ‘‘(3) EFFECTIVE DATE.—

23 ‘‘(A) IN GENERAL.—This subsection (other

24 than subparagraph (B)) shall become effective

25 on the later of—
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1 ‘‘(i) the date referred to in subsection

2 (g)(5); or

3 ‘‘(ii) the date that is six months after

4 the date on which the Secretary makes the

5 certification required under subparagraph

6 (B).

7 ‘‘(B) CERTIFICATION.—Upon a determina8 tion by the Secretary that the Department of

9 the Interior has the capacity, including policies

10 and procedures, to track and manage interests

11 in trust or restricted land held with the right of

12 survivorship, the Secretary shall certify such de13 termination and publish such certification in

14 the Federal Register.

15 ‘‘(d) DESCENT OF OFF-RESERVATION LANDS.—

16 ‘‘(1) INDIAN RESERVATION DEFINED.—For

17 purposes of this subsection, the term ‘Indian res18 ervation’ includes lands located within—

19 ‘‘(A)(i) Oklahoma; and

20 ‘‘(ii) the boundaries of an Indian tribe’s

21 former reservation (as defined and determined

22 by the Secretary);

23 ‘‘(B) the boundaries of any Indian tribe’s

24 current or former reservation; or
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1 ‘‘(C) any area where the Secretary is re2 quired to provide special assistance or consider3 ation of a tribe’s acquisition of land or interests

4 in land.

5 ‘‘(2) DESCENT.—Except in the State of Cali6 fornia, upon the death of an individual holding an

7 interest in trust or restricted lands that are located

8 outside the boundaries of an Indian reservation and

9 that are not subject to the jurisdiction of any Indian

10 tribe, that interest shall descend either—

11 ‘‘(A) by testate or intestate succession in

12 trust to an Indian; or

13 ‘‘(B) in fee status to any other devises or

14 heirs.

15 ‘‘(e) APPROVAL OF AGREEMENTS.—The official au16 thorized to adjudicate the probate of trust or restricted

17 lands shall have the authority to approve agreements be18 tween a decedent’s heirs and devisees to consolidate inter19 ests in trust or restricted lands. The agreements referred

20 to in the preceding sentence may include trust or re21 stricted lands that are not a part of the decedent’s estate

22 that is the subject of the probate. The Secretary may pro23 mulgate regulations for the implementation of this sub24 section.

25 ‘‘(f) ESTATE PLANNING ASSISTANCE.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall provide

2 estate planning assistance in accordance with this

3 subsection, to the extent amounts are appropriated

4 for such purpose.

5 ‘‘(2) REQUIREMENTS.—The estate planning as6 sistance provided under paragraph (1) shall be de7 signed to—

8 ‘‘(A) inform, advise, and assist Indian

9 landowners with respect to estate planning in

10 order to facilitate the transfer of trust or re11 stricted lands to a devisee or devisees selected

12 by the landowners; and

13 ‘‘(B) assist Indian landowners in accessing

14 information pursuant to section 217(e).

15 ‘‘(3) CONTRACTS.—In carrying out this section,

16 the Secretary may enter into contracts with entities

17 that have expertise in Indian estate planning and

18 tribal probate codes.

19 ‘‘(g) NOTIFICATION TO INDIAN TRIBES AND OWNERS

20 OF TRUST OR RESTRICTED LANDS.—

21 ‘‘(1) IN GENERAL.—Not later than 180 days

22 after the date of enactment of the Indian Land Con23 solidation Act Amendments of 2000, the Secretary

24 shall notify Indian tribes and owners of trust or re-
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1 stricted lands of the amendments made by the In2 dian Land Consolidation Act Amendments of 2000.

3 ‘‘(2) SPECIFICATIONS.—The notice required

4 under paragraph (1) shall be designed to inform In5 dian owners of trust or restricted land of—

6 ‘‘(A) the effect of this Act, with emphasis

7 on the effect of the provisions of this section, on

8 the testate disposition and intestate descent of

9 their interests in trust or restricted land; and

10 ‘‘(B) estate planning options available to

11 the owners, including any opportunities for re12 ceiving estate planning assistance or advice.

13 ‘‘(3) REQUIREMENTS.—The Secretary shall

14 provide the notice required under paragraph (1)—

15 ‘‘(A) by direct mail for those Indians with

16 interests in trust and restricted lands for which

17 the Secretary has an address for the interest

18 holder;

19 ‘‘(B) through the Federal Register;

20 ‘‘(C) through local newspapers in areas

21 with significant Indian populations, reservation

22 newspapers, and newspapers that are directed

23 at an Indian audience; and

24 ‘‘(D) through any other means determined

25 appropriate by the Secretary.
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1 ‘‘(4) CERTIFICATION.—After providing notice

2 under this subsection, the Secretary shall certify

3 that the requirements of this subsection have been

4 met and shall publish notice of such certification in

5 the Federal Register.

6 ‘‘(5) EFFECTIVE DATE.—The provisions of this

7 section shall not apply to the estate of an individual

8 who dies prior to the day that is 365 days after the

9 Secretary makes the certification required under

10 paragraph (4).’’;

11 (5) in section 208, by striking ‘‘section 206’’

12 and inserting ‘‘subsections (a) and (b) of section

13 206’’; and

14 (6) by adding at the end the following:

15 ‘‘SEC. 213. PILOT PROGRAM FOR THE ACQUISITION OF

16 FRACTIONAL INTERESTS.

17 ‘‘(a) ACQUISITION BY SECRETARY.—

18 ‘‘(1) IN GENERAL.—The Secretary may acquire,

19 at the discretion of the Secretary and with the con20 sent of the owner, and at fair market value, any

21 fractional interest in trust or restricted lands.

22 ‘‘(2) AUTHORITY OF SECRETARY.—

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

24 have the authority to acquire interests in trust

25 or restricted lands under this section during the
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1 3-year period beginning on the date of certifi2 cation that is referred to in section 207(g)(5).

3 ‘‘(B) REQUIRED REPORT.—Prior to expira4 tion of the authority provided for in subpara5 graph (A), the Secretary shall submit the report

6 required under section 218 concerning whether

7 the program to acquire fractional interests

8 should be extended or altered to make resources

9 available to Indian tribes and individual Indian

10 landowners.

11 ‘‘(3) INTERESTS HELD IN TRUST.—Subject to

12 section 214, the Secretary shall immediately hold in13 terests acquired under this Act in trust for the rec14 ognized tribal government that exercises jurisdiction

15 over the land involved.

16 ‘‘(b) REQUIREMENTS.—In implementing subsection

17 (a), the Secretary—

18 ‘‘(1) shall promote the policies provided for in

19 section 102 of the Indian Land Consolidation Act

20 Amendments of 2000;

21 ‘‘(2) may give priority to the acquisition of frac22 tional interests representing 2 percent or less of a

23 parcel of trust or restricted land, especially those in24 terests that would have escheated to a tribe but for
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1 the Supreme Court’s decision in Babbitt v. Youpee,

2 (117 S Ct. 727 (1997));

3 ‘‘(3) to the extent practicable—

4 ‘‘(A) shall consult with the tribal govern5 ment that exercises jurisdiction over the land

6 involved in determining which tracts to acquire

7 on a reservation;

8 ‘‘(B) shall coordinate the acquisition activi9 ties with the acquisition program of the tribal

10 government that exercises jurisdiction over the

11 land involved, including a tribal land consolida12 tion plan approved pursuant to section 204; and

13 ‘‘(C) may enter into agreements (such

14 agreements will not be subject to the provisions

15 of the Indian Self-Determination and Education

16 Assistance Act of 1974) with the tribal govern17 ment that exercises jurisdiction over the land

18 involved or a subordinate entity of the tribal

19 government to carry out some or all of the Sec20 retary’s land acquisition program; and

21 ‘‘(4) shall minimize the administrative costs as22 sociated with the land acquisition program.

23 ‘‘(c) SALE OF INTEREST TO INDIAN LANDOWNERS.—

24 ‘‘(1) CONVEYANCE AT REQUEST.—
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1 ‘‘(A) IN GENERAL.—At the request of any

2 Indian who owns at least 5 percent of the undi3 vided interest in a parcel of trust or restricted

4 land, the Secretary shall convey an interest ac5 quired under this section to the Indian land6 owner upon payment by the Indian landowner

7 of the amount paid for the interest by the Sec8 retary.

9 ‘‘(B) LIMITATION.—With respect to a con10 veyance under this subsection, the Secretary

11 shall not approve an application to terminate

12 the trust status or remove the restrictions of

13 such an interest.

14 ‘‘(2) MULTIPLE OWNERS.—If more than one

15 Indian owner requests an interest under (1), the

16 Secretary shall convey the interest to the Indian

17 owner who owns the largest percentage of the undi18 vided interest in the parcel of trust or restricted

19 land involved.

20 ‘‘(3) LIMITATION.—If an Indian tribe that has

21 jurisdiction over a parcel of trust or restricted land

22 owns 10 percent or more of the undivided interests

23 in a parcel of such land, such interest may only be

24 acquired under paragraph (1) with the consent of

25 such Indian tribe.
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1 ‘‘SEC. 214. ADMINISTRATION OF ACQUIRED FRACTIONAL

2 INTERESTS, DISPOSITION OF PROCEEDS.

3 ‘‘(a) IN GENERAL.—Subject to the conditions de4 scribed in subsection (b)(1), an Indian tribe receiving a

5 fractional interest under section 213 may, as a tenant in

6 common with the other owners of the trust or restricted

7 lands, lease the interest, sell the resources, consent to the

8 granting of rights-of-way, or engage in any other trans9 action affecting the trust or restricted land authorized by

10 law.

11 ‘‘(b) CONDITIONS.—

12 ‘‘(1) IN GENERAL.—The conditions described in

13 this paragraph are as follows:

14 ‘‘(A) Until the purchase price paid by the

15 Secretary for an interest referred to in sub16 section (a) has been recovered, or until the Sec17 retary makes any of the findings under para18 graph (2)(A), any lease, resource sale contract,

19 right-of-way, or other document evidencing a

20 transaction affecting the interest shall contain a

21 clause providing that all revenue derived from

22 the interest shall be paid to the Secretary.

23 ‘‘(B) Subject to subparagraph (C), the

24 Secretary shall deposit any revenue derived

25 under subparagraph (A) into the Acquisition

26 Fund created under section 216.
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1 ‘‘(C) The Secretary shall deposit any rev2 enue that is paid under subparagraph (A) that

3 is in excess of the purchase price of the frac4 tional interest involved to the credit of the In5 dian tribe that receives the fractional interest

6 under section 213 and the tribe shall have ac7 cess to such funds in the same manner as other

8 funds paid to the Secretary for the use of lands

9 held in trust for the tribe.

10 ‘‘(D) Notwithstanding any other provision

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

12 18, 1934 (commonly referred to as the ‘Indian

13 Reorganization Act’) (48 Stat. 987, chapter

14 576; 25 U.S.C. 476), with respect to any inter15 est acquired by the Secretary under section

16 213, the Secretary may approve a transaction

17 covered under this section on behalf of a tribe

18 until—

19 ‘‘(i) the Secretary makes any of the

20 findings under paragraph (2)(A); or

21 ‘‘(ii) an amount equal to the purchase

22 price of that interest has been paid into

23 the Acquisition Fund created under section

24 216.
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1 ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not

2 apply to any revenue derived from an interest in a

3 parcel of land acquired by the Secretary under sec4 tion 213 after—

5 ‘‘(A) the Secretary makes a finding that—

6 ‘‘(i) the costs of administering the in7 terest will equal or exceed the projected

8 revenues for the parcel involved;

9 ‘‘(ii) in the discretion of the Secretary,

10 it will take an unreasonable period of time

11 for the parcel to generate revenue that

12 equals the purchase price paid for the in13 terest; or

14 ‘‘(iii) a subsequent decrease in the

15 value of land or commodities associated

16 with the land make it likely that the inter17 est will be unable to generate revenue that

18 equals the purchase price paid for the in19 terest in a reasonable time; or

20 ‘‘(B) an amount equal to the purchase

21 price of that interest in land has been paid into

22 the Acquisition Fund created under section

23 216.

24 ‘‘(c) TRIBE NOT TREATED AS PARTY TO LEASE; NO

25 EFFECT ON TRIBAL SOVEREIGNTY, IMMUNITY.—
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1 ‘‘(1) IN GENERAL.—Paragraph (2) shall apply

2 with respect to any undivided interest in allotted

3 land held by the Secretary in trust for a tribe if a

4 lease or agreement under subsection (a) is otherwise

5 applicable to such undivided interest by reason of

6 this section even though the Indian tribe did not

7 consent to the lease or agreement.

8 ‘‘(2) APPLICATION OF LEASE.—The lease or

9 agreement described in paragraph (1) shall apply to

10 the portion of the undivided interest in allotted land

11 described in such paragraph (including entitlement

12 of the Indian tribe to payment under the lease or

13 agreement), and the Indian tribe shall not be treated

14 as being a party to the lease or agreement. Nothing

15 in this section (or in the lease or agreement) shall

16 be construed to affect the sovereignty of the Indian

17 tribe.

18 ‘‘SEC. 215. ESTABLISHING FAIR MARKET VALUE.

19 ‘‘For purposes of this Act, the Secretary may develop

20 a system for establishing the fair market value of various

21 types of lands and improvements. Such a system may in22 clude determinations of fair market value based on appro23 priate geographic units as determined by the Secretary.

24 Such system may govern the amounts offered for the pur-
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1 chase of interests in trust or restricted lands under section

2 213.

3 ‘‘SEC. 216. ACQUISITION FUND.

4 ‘‘(a) IN GENERAL.—The Secretary shall establish an

5 Acquisition Fund to—

6 ‘‘(1) disburse appropriations authorized to ac7 complish the purposes of section 213; and

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

9 permit, or sale of resources from interests in trust

10 or restricted lands transferred to Indian tribes by

11 the Secretary under section 213 or paid by Indian

12 landowners under section 213(c).

13 ‘‘(b) DEPOSITS; USE.—

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

15 all proceeds from leases, permits, or resource sales

16 derived from an interest in trust or restricted lands

17 described in subsection (a)(2) shall—

18 ‘‘(A) be deposited in the Acquisition Fund;

19 and

20 ‘‘(B) as specified in advance in appropria21 tions Acts, be available for the purpose of ac22 quiring additional fractional interests in trust

23 or restricted lands.

24 ‘‘(2) MAXIMUM DEPOSITS OF PROCEEDS.—With

25 respect to the deposit of proceeds derived from an
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1 interest under paragraph (1), the aggregate amount

2 deposited under that paragraph shall not exceed the

3 purchase price of that interest under section 213.

4 ‘‘SEC. 217. TRUST AND RESTRICTED LAND TRANSACTIONS.

5 ‘‘(a) POLICY.—It is the policy of the United States

6 to encourage and assist the consolidation of land owner7 ship through transactions—

8 ‘‘(1) involving individual Indians;

9 ‘‘(2) between Indians and the tribal government

10 that exercises jurisdiction over the land; or

11 ‘‘(3) between individuals who own an interest in

12 trust and restricted land who wish to convey that in13 terest to an Indian or the tribal government that ex14 ercises jurisdiction over the parcel of land involved;

15 in a manner consistent with the policy of maintaining the

16 trust status of allotted lands. Nothing in this section shall

17 be construed to apply to or to authorize the sale of trust

18 or restricted lands to a person who is not an Indian.

19 ‘‘(b) SALES, EXCHANGES AND GIFT DEEDS BE20 TWEEN INDIANS AND BETWEEN INDIANS AND INDIAN

21 TRIBES.—

22 ‘‘(1) IN GENERAL.—

23 ‘‘(A) ESTIMATE OF VALUE.—Notwith24 standing any other provision of law and only

25 after the Indian selling, exchanging, or con-
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1 veying by gift deed for no or nominal consider2 ation an interest in land, has been provided

3 with an estimate of the value of the interest of

4 the Indian pursuant to this section—

5 ‘‘(i) the sale or exchange or convey6 ance of an interest in trust or restricted

7 land may be made for an amount that is

8 less than the fair market value of that in9 terest; and

10 ‘‘(ii) the approval of a transaction

11 that is in compliance with this section shall

12 not constitute a breach of trust by the Sec13 retary.

14 ‘‘(B) WAIVER OF REQUIREMENT.—The re15 quirement for an estimate of value under sub16 paragraph (A) may be waived in writing by an

17 Indian selling, exchanging, or conveying by gift

18 deed for no or nominal consideration an interest

19 in land with an Indian person who is the own20 er’s spouse, brother, sister, lineal ancestor of

21 Indian blood, lineal descendant, or collateral

22 heir.

23 ‘‘(2) LIMITATION.—For a period of 5 years

24 after the Secretary approves a conveyance pursuant

25 to this subsection, the Secretary shall not approve
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1 an application to terminate the trust status or re2 move the restrictions of such an interest.

3 ‘‘(c) ACQUISITION OF INTEREST BY SECRETARY.—

4 An Indian, or the recognized tribal government of a res5 ervation, in possession of an interest in trust or restricted

6 lands, at least a portion of which is in trust or restricted

7 status on the date of enactment of the Indian Land Con8 solidation Act Amendments of 2000 and located within a

9 reservation, may request that the interest be taken into

10 trust by the Secretary. Upon such a request, the Secretary

11 shall forthwith take such interest into trust.

12 ‘‘(d) STATUS OF LANDS.—The sale, exchange, or

13 conveyance by gift deed for no or nominal consideration

14 of an interest in trust or restricted land under this section

15 shall not affect the status of that land as trust or re16 stricted land.

17 ‘‘(e) LAND OWNERSHIP INFORMATION.—Notwith18 standing any other provision of law, the names and mail19 ing addresses of the Indian owners of trust or restricted

20 lands, and information on the location of the parcel and

21 the percentage of undivided interest owned by each indi22 vidual, or of any interest in trust or restricted lands, shall,

23 upon written request, be made available to—

24 ‘‘(1) other Indian owners of interests in trust or

25 restricted lands within the same reservation;
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1 ‘‘(2) the tribe that exercises jurisdiction over

2 the land where the parcel is located or any person

3 who is eligible for membership in that tribe; and

4 ‘‘(3) prospective applicants for the leasing, use,

5 or consolidation of such trust or restricted land or

6 the interest in trust or restricted lands.

7 ‘‘(f) NOTICE TO INDIAN TRIBE.—After the expiration

8 of the limitation period provided for in subsection (b)(2)

9 and prior to considering an Indian application to termi10 nate the trust status or to remove the restrictions on alien11 ation from trust or restricted land sold, exchanged or oth12 erwise conveyed under this section, the Indian tribe that

13 exercises jurisdiction over the parcel of such land shall be

14 notified of the application and given the opportunity to

15 match the purchase price that has been offered for the

16 trust or restricted land involved.

17 ‘‘SEC. 218. REPORTS TO CONGRESS.

18 ‘‘(a) IN GENERAL.—Prior to expiration of the au19 thority provided for in section 213(a)(2)(A), the Sec20 retary, after consultation with Indian tribes and other in21 terested parties, shall submit to the Committee on Indian

22 Affairs and the Committee on Energy and Natural Re23 sources of the Senate and the Committee on Resources

24 of the House of Representatives a report that indicates,

25 for the period covered by the report—
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1 ‘‘(1) the number of fractional interests in trust

2 or restricted lands acquired; and

3 ‘‘(2) the impact of the resulting reduction in

4 the number of such fractional interests on the finan5 cial and realty recordkeeping systems of the Bureau

6 of Indian Affairs.

7 ‘‘(b) REPORT.—The reports described in subsection

8 (a) and section 213(a) shall contain findings as to whether

9 the program under this Act to acquire fractional interests

10 in trust or restricted lands should be extended and wheth11 er such program should be altered to make resources avail12 able to Indian tribes and individual Indian landowners.

13 ‘‘SEC. 219. APPROVAL OF LEASES, RIGHTS-OF-WAY, AND

14 SALES OF NATURAL RESOURCES.

15 ‘‘(a) APPROVAL BY THE SECRETARY.—

16 ‘‘(1) IN GENERAL.—Notwithstanding any other

17 provision of law, the Secretary may approve any

18 lease or agreement that affects individually owned

19 allotted land or any other land held in trust or re20 stricted status by the Secretary on behalf of an In21 dian, if—

22 ‘‘(A) the owners of not less than the appli23 cable percentage (determined under subsection

24 (b)) of the undivided interest in the allotted

25 land that is covered by the lease or agreement
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1 consent in writing to the lease or agreement;

2 and

3 ‘‘(B) the Secretary determines that approv4 ing the lease or agreement is in the best inter5 est of the owners of the undivided interest in

6 the allotted land.

7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in

8 this section shall be construed to apply to leases in9 volving coal or uranium.

10 ‘‘(3) DEFINITION.—In this section, the term

11 ‘allotted land’ includes any land held in trust or re12 stricted status by the Secretary on behalf of one or

13 more Indians.

14 ‘‘(b) APPLICABLE PERCENTAGE.—

15 ‘‘(1) PERCENTAGE INTEREST.—The applicable

16 percentage referred to in subsection (a)(1) shall be

17 determined as follows:

18 ‘‘(A) If there are 5 or fewer owners of the

19 undivided interest in the allotted land, the ap20 plicable percentage shall be 100 percent.

21 ‘‘(B) If there are more than 5 such own22 ers, but fewer than 11 such owners, the applica23 ble percentage shall be 80 percent.
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1 ‘‘(C) If there are more than 10 such own2 ers, but fewer than 20 such owners, the applica3 ble percentage shall be 60 percent.

4 ‘‘(D) If there are 20 or more such owners,

5 the applicable percentage shall be a majority of

6 the interests in the allotted land.

7 ‘‘(2) DETERMINATION OF OWNERS.—

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

9 subsection, in determining the number of own10 ers of, and their interests in, the undivided in11 terest in the allotted land with respect to a

12 lease or agreement, the Secretary shall make

13 such determination based on the records of the

14 Department of the Interior that identify the

15 owners of such lands and their interests and the

16 number of owners of such land on the date on

17 which the lease or agreement involved is sub18 mitted to the Secretary under this section.

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

20 in subparagraph (A) shall be construed to au21 thorize the Secretary to treat an Indian tribe as

22 the owner of an interest in allotted land that

23 did not escheat to the tribe pursuant to section

24 207 as a result of the Supreme Court’s decision

25 in Babbitt v. Youpee, (117 S Ct. 727 (1997)).
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1 ‘‘(c) AUTHORITY OF SECRETARY TO SIGN LEASE OR

2 AGREEMENT ON BEHALF OF CERTAIN OWNERS.—The

3 Secretary may give written consent to a lease or agree4 ment under subsection (a)—

5 ‘‘(1) on behalf of the individual Indian owner if

6 the owner is deceased and the heirs to, or devisees

7 of, the interest of the deceased owner have not been

8 determined; or

9 ‘‘(2) on behalf of any heir or devisee referred to

10 in paragraph (1) if the heir or devisee has been de11 termined but cannot be located

12 ‘‘(d) EFFECT OF APPROVAL.—

13 ‘‘(1) APPLICATION TO ALL PARTIES.—

14 ‘‘(A) IN GENERAL.—Subject to paragraph

15 (2), a lease or agreement approved by the Sec16 retary under subsection (a) shall be binding on

17 the parties described in subparagraph (B), to

18 the same extent as if all of the owners of the

19 undivided interest in allotted land covered

20 under the lease or agreement consented to the

21 lease or agreement.

22 ‘‘(B) DESCRIPTION OF PARTIES.—The par23 ties referred to in subparagraph (A) are—

24 ‘‘(i) the owners of the undivided inter25 est in the allotted land covered under the
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1 lease or agreement referred to in such sub2 paragraph; and

3 ‘‘(ii) all other parties to the lease or

4 agreement.

5 ‘‘(2) TRIBE NOT TREATED AS PARTY TO LEASE;

6 NO EFFECT ON TRIBAL SOVEREIGNTY, IMMUNITY.—

7 ‘‘(A) IN GENERAL.—Subparagraph (B)

8 shall apply with respect to any undivided inter9 est in allotted land held by the Secretary in

10 trust for a tribe if a lease or agreement under

11 subsection (a) is otherwise applicable to such

12 undivided interest by reason of this section even

13 though the Indian tribe did not consent to the

14 lease or agreement.

15 ‘‘(B) APPLICATION OF LEASE.—The lease

16 or agreement described in subparagraph (A)

17 shall apply to the portion of the undivided in18 terest in allotted land described in such para19 graph (including entitlement of the Indian tribe

20 to payment under the lease or agreement), and

21 the Indian tribe shall not be treated as being a

22 party to the lease or agreement. Nothing in this

23 section (or in the lease or agreement) shall be

24 construed to affect the sovereignty of the In25 dian tribe.
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1 ‘‘(e) DISTRIBUTION OF PROCEEDS.—

2 ‘‘(1) IN GENERAL.—The proceeds derived from

3 a lease or agreement that is approved by the Sec4 retary under subsection (a) shall be distributed to all

5 owners of undivided interest in the allotted land cov6 ered under the lease or agreement.

7 ‘‘(2) DETERMINATION OF AMOUNTS DISTRIB8 UTED.—The amount of the proceeds under para9 graph (1) that are distributed to each owner under

10 that paragraph shall be determined in accordance

11 with the portion of the undivided interest in the al12 lotted land covered under the lease or agreement

13 that is owned by that owner.

14 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to amend or modify the provisions

16 of Public Law 105-188 (25 U.S.C. 396 note), the Amer17 ican Indian Agricultural Resources Management Act (25

18 U.S.C. 3701 et seq.), title II of the Indian Land Consoli19 dation Act Amendments of 2000, or any other Act that

20 provides specific standards for the percentage of owner21 ship interest that must approve a lease or agreement on

22 a specified reservation.

23 ‘‘SEC. 220. APPLICATION TO ALASKA.

24 ‘‘(a) FINDINGS.—Congress find that—
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1 ‘‘(1) numerous academic and governmental or2 ganizations have studied the nature and extent of

3 fractionated ownership of Indian land outside of

4 Alaska and have proposed solutions to this problem;

5 and

6 ‘‘(2) despite these studies, there has not been a

7 comparable effort to analyze the problem, if any, of

8 fractionated ownership in Alaska.

9 ‘‘(b) APPLICATION OF ACT TO ALASKA.—Except as

10 provided in this section, this Act shall not apply to land

11 located within Alaska.

12 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed to constitute a ratification of any

14 determination by any agency, instrumentality, or court of

15 the United States that may support the assertion of tribal

16 jurisdiction over allotment lands or interests in such land

17 in Alaska.’’.

18 SEC. 104. JUDICIAL REVIEW.

19 Notwithstanding section 207(g)(5) of the Indian

20 Land Consolidation Act (25 U.S.C. 2206(f)(5)), after the

21 Secretary of Interior provides the certification required

22 under section 207(g)(4) of such Act, the owner of an inter23 est in trust or restricted land may bring an administrative

24 action to challenge the application of such section 207 to

25 the devise or descent of his or her interest or interests
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1 in trust or restricted lands, and may seek judicial review

2 of the final decision of the Secretary of Interior with re3 spect to such challenge.

4 SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated not to exceed

6 $8,000,000 for fiscal year 2001 and each subsequent fiscal

7 year to carry out the provisions of this title (and the

8 amendments made by this title) that are not otherwise

9 funded under the authority provided for in any other pro10 vision of Federal law.

11 SEC. 106. CONFORMING AMENDMENTS.

12 (a) PATENTS HELD IN TRUST.—The Act of Feb13 ruary 8, 1887 (24 Stat. 388) is amended—

14 (1) by repealing sections 1, 2, and 3 (25 U.S.C.

15 331, 332, and 333); and

16 (2) in the second proviso of section 5 (25

17 U.S.C. 348)—

18 (A) by striking ‘‘and partition’’; and

19 (B) by striking ‘‘except’’ and inserting ‘‘ex20 cept as provided by the Indian Land Consolida21 tion Act or a tribal probate code approved

22 under such Act and except’’.

23 (b) ASCERTAINMENT OF HEIRS AND DISPOSAL OF

24 ALLOTMENTS.—The Act of June 25, 1910 (36 Stat. 855)

25 is amended—
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1 (1) in the first sentence of section 1 (25 U.S.C.

2 372), by striking ‘‘under’’ and inserting ‘‘under the

3 Indian Land Consolidation Act or a tribal probate

4 code approved under such Act and pursuant to’’;

5 and

6 (2) in the first sentence of section 2 (25 U.S.C.

7 373), by striking ‘‘with regulations’’ and inserting

8 ‘‘with the Indian Land Consolidation Act or a tribal

9 probate code approved under such Act and regula10 tions’’.

11 (c) TRANSFER OF LANDS.—Section 4 of the Act of

12 June 18, 1934 (25 U.S.C. 464) is amended by striking

13 ‘‘member or:’’ and inserting ‘‘member or, except as pro14 vided by the Indian Land Consolidation Act,’’.

15 TITLE II—LEASES OF NAVAJO

16 INDIAN ALLOTTED LANDS

17 SEC. 201. LEASES OF NAVAJO INDIAN ALLOTTED LANDS.

18 (a) DEFINITIONS.—In this section:

19 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

20 has the meaning given the term in section 4(e) of

21 the Indian Self-Determination and Education Assist22 ance Act (25 U.S.C. 450b(e)).

23 (2) INDIVIDUALLY OWNED NAVAJO INDIAN AL24 LOTTED LAND.—The term ‘‘individually owned Nav25 ajo Indian allotted land’’ means Navajo Indian allot-
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1 ted land that is owned in whole or in part by 1 or

2 more individuals.

3 (3) NAVAJO INDIAN.—The term ‘‘Navajo In4 dian’’ means a member of the Navajo Nation.

5 (4) NAVAJO INDIAN ALLOTTED LAND.—The

6 term ‘‘Navajo Indian allotted land’’ means a single

7 parcel of land that—

8 (A) is located within the jurisdiction of the

9 Navajo Nation; and

10 (B)(i) is held in trust or restricted status

11 by the United States for the benefit of Navajo

12 Indians or members of another Indian tribe;

13 and

14 (ii) was—

15 (I) allotted to a Navajo Indian; or

16 (II) taken into trust or restricted sta17 tus by the United States for a Navajo In18 dian.

19 (5) OWNER.—The term ‘‘owner’’ means, in the

20 case of any interest in land described in paragraph

21 (4)(B)(i), the beneficial owner of the interest.

22 (6) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of the Interior.

24 (b) APPROVAL BY THE SECRETARY.—
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1 (1) IN GENERAL.—The Secretary may approve

2 an oil or gas lease or agreement that affects individ3 ually owned Navajo Indian allotted land, if—

4 (A) the owners of not less than the appli5 cable percentage (determined under paragraph

6 (2)) of the undivided interest in the Navajo In7 dian allotted land that is covered by the oil or

8 gas lease or agreement consent in writing to the

9 lease or agreement; and

10 (B) the Secretary determines that approv11 ing the lease or agreement is in the best inter12 est of the owners of the undivided interest in

13 the Navajo Indian allotted land.

14 (2) PERCENTAGE INTEREST.—The applicable

15 percentage referred to in paragraph (1)(A) shall be

16 determined as follows:

17 (A) If there are 10 or fewer owners of the

18 undivided interest in the Navajo Indian allotted

19 land, the applicable percentage shall be 100

20 percent.

21 (B) If there are more than 10 such own22 ers, but fewer than 51 such owners, the applica23 ble percentage shall be 80 percent.

24 (C) If there are 51 or more such owners,

25 the applicable percentage shall be 60 percent.
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1 (3) AUTHORITY OF SECRETARY TO SIGN LEASE

2 OR AGREEMENT ON BEHALF OF CERTAIN OWN3 ERS.—The Secretary may give written consent to an

4 oil or gas lease or agreement under paragraph (1)

5 on behalf of an individual Indian owner if—

6 (A) the owner is deceased and the heirs to,

7 or devisees of, the interest of the deceased

8 owner have not been determined; or

9 (B) the heirs or devisees referred to in

10 subparagraph (A) have been determined, but 1

11 or more of the heirs or devisees cannot be lo12 cated.

13 (4) EFFECT OF APPROVAL.—

14 (A) APPLICATION TO ALL PARTIES.—

15 (i) IN GENERAL.—Subject to subpara16 graph (B), an oil or gas lease or agreement

17 approved by the Secretary under para18 graph (1) shall be binding on the parties

19 described in clause (ii), to the same extent

20 as if all of the owners of the undivided in21 terest in Navajo Indian allotted land cov22 ered under the lease or agreement con23 sented to the lease or agreement.

24 (ii) DESCRIPTION OF PARTIES.—The

25 parties referred to in clause (i) are—
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1 (I) the owners of the undivided

2 interest in the Navajo Indian allotted

3 land covered under the lease or agree4 ment referred to in clause (i); and

5 (II) all other parties to the lease

6 or agreement.

7 (B) EFFECT ON INDIAN TRIBE.—If—

8 (i) an Indian tribe is the owner of a

9 portion of an undivided interest in Navajo

10 Indian allotted land; and

11 (ii) an oil or gas lease or agreement

12 under paragraph (1) is otherwise applica13 ble to such portion by reason of this sub14 section even though the Indian tribe did

15 not consent to the lease or agreement,

16 then the lease or agreement shall apply to such

17 portion of the undivided interest (including en18 titlement of the Indian tribe to payment under

19 the lease or agreement), but the Indian tribe

20 shall not be treated as a party to the lease or

21 agreement and nothing in this subsection (or in

22 the lease or agreement) shall be construed to

23 affect the sovereignty of the Indian tribe.

24 (5) DISTRIBUTION OF PROCEEDS.—
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1 (A) IN GENERAL.—The proceeds derived

2 from an oil or gas lease or agreement that is

3 approved by the Secretary under paragraph (1)

4 shall be distributed to all owners of the undi5 vided interest in the Navajo Indian allotted land

6 covered under the lease or agreement.

7 (B) DETERMINATION OF AMOUNTS DIS8 TRIBUTED.—The amount of the proceeds under

9 subparagraph (A) distributed to each owner

10 under that subparagraph shall be determined in

11 accordance with the portion of the undivided in12 terest in the Navajo Indian allotted land cov13 ered under the lease or agreement that is owned

14 by that owner.

Passed the Senate July 26, 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 1586

AN ACT

To reduce the fractionated ownership of Indian

lands, and for other purposes.