II 

109TH CONGRESS 

2D SESSION S. 3885 

To amend Public Law 98–513 to provide for the inheritance of small 

fractional interests within the Lake Traverse Indian Reservation. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2006 

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

to the Committee on Indian Affairs 

A BILL 

To amend Public Law 98–513 to provide for the inheritance 

of small fractional interests within the Lake Traverse 

Indian Reservation. 

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 ‘‘Lake Traverse Res5 ervation Act Amendments of 2006’’. 

6 SEC. 2. AMENDMENTS TO LAKE TRAVERSE HEIRSHIP ACT. 

7 Public Law 98–513 is amended by striking section 

8 5 (98 Stat. 2413) and inserting the following: 

9 ‘‘SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTEREST. 

10 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) ESCHEATMENT.—The term ‘escheatment’ 

2 means an escheatment to the Tribe of an interest in 

3 land pursuant to this section. 

4 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

5 the Secretary of the Interior. 

6 ‘‘(3) SMALL FRACTIONAL INTEREST.—The term 

7 ‘small fractional interest’ means an undivided trust 

8 or restricted interest in a parcel of land within the 

9 reservation that— 

10 ‘‘(A) represents less than 5 percent of the 

11 entire undivided ownership of the parcel of land 

12 (as reflected in the decedent’s estate inventory 

13 as of the date on which the decisionmaker en14 ters the final decision determining heirs); and 

‘‘(B) does not exceed the equivalent of 21 15 ⁄2

16 acres if the interest were to be expressed in 

17 terms of its proportionate share of the total 

18 acreage of the parcel of land of which the parcel 

19 is a part. 

20 ‘‘(b) INTESTATE INHERITANCE IN GENERAL.—Not21 withstanding section 3, no small fractional interest shall 

22 pass by intestate succession under this Act or any other 

23 provision of law except as provided in subsection (c). 

24 ‘‘(c) INHERITANCE BY TRIBE.—If a person dies pos25 sessed of a small fractional interest that has not been deVerDate Aug 31 2005 06:28 Sep 12, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3885.IS S3885

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1 vised in accordance with subsection (d) to 1 or more eligi2 ble devisees described in that subsection, the small frac3 tional interest shall pass to the Tribe, with title to the 

4 interest to be held by the United States in trust for the 

5 Tribe. 

6 ‘‘(d) INHERITANCE BY TESTAMENTARY DEVISE.— 

7 ‘‘(1) ELIGIBLE DEVISEES.—Notwithstanding 

8 any other provision of this Act, and subject to para9 graph (2), a small fractional interest may be devised 

10 only to the following eligible devisees: 

11 ‘‘(A) The tribe. 

12 ‘‘(B) Any person who— 

13 ‘‘(i) is a member of the Tribe; or 

14 ‘‘(ii) is eligible to be a member of the 

15 Tribe, on the condition that, not later than 

16 180 days after the date of receipt of notice 

17 of the probate hearing, the person provides 

18 proof of enrollment in the Tribe in accord19 ance with the enrollment procedures of the 

20 Tribe. 

21 ‘‘(2) REQUIREMENTS.—No devise of a small 

22 fractional interest shall be valid as to a devisee un23 less— 

24 ‘‘(A) the devisee is eligible to receive the 

25 interest by devise under paragraph (1); 


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1 ‘‘(B) the devisee is expressly identified in 

2 the devise by name; and 

3 ‘‘(C) the devise is made in a will that has 

4 been approved by the Secretary in accordance 

5 with section 2 of the Act of June 25, 1910 (36 

6 Stat. 856, chapter 431). 

7 ‘‘(3) HOLDING IN TRUST.—Any small fractional 

8 interest devised in accordance with this subsection 

9 shall pass to the devisee or devisees on the death of 

10 the testator, with title to be held by the United 

11 States in trust for the devisee or devisees. 

12 ‘‘(e) NOTICE.—Not later than 180 days after the 

13 date of enactment of the Lake Traverse Reservation Act 

14 Amendments of 2006, the Secretary shall provide notice 

15 of the requirements of this section to owners of trust and 

16 restricted interests in land within the Lake Traverse In17 dian Reservation by— 

18 ‘‘(1) posting written notice of the amendment 

19 at the administrative headquarters of the Tribe and 

20 at the Agency of the Bureau of Indian Affairs lo21 cated in Agency Village, South Dakota; 

22 ‘‘(2) publishing the notice not fewer than 4 

23 times in newspapers of general circulation in all 

24 counties in which any part of the Lake Traverse In25 dian Reservation is located; and 


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1 ‘‘(3) sending the notice by first class mail to the 

2 last known addresses of Indians with interests in 

3 trust or restricted land within the Lake Traverse In4 dian Reservation. 

5 ‘‘(f) CERTIFICATION.—After providing notice under 

6 subsection (e), the Secretary shall— 

7 ‘‘(1) certify that notice has been given in ac8 cordance with that subsection; and 

9 ‘‘(2) publish notice of the certification in the 

10 Federal Register. 

11 ‘‘(g) ESCHEATMENTS.— 

12 ‘‘(1) PURPOSES.—The purposes of this sub13 section are— 

14 ‘‘(A) to establish a process for providing 

15 compensation for escheatments; and 

16 ‘‘(B) to ratify the escheatments. 

17 ‘‘(2) RATIFICATION OF ESCHEATMENTS.— 

18 ‘‘(A) IN GENERAL.—Subject to the re19 quirements of this subsection, each escheatment 

20 is ratified. 

21 ‘‘(B) HOLDING IN TRUST.—The title to 

22 each interest subject to an escheatment shall be 

23 held by the United States in trust for the Tribe. 

24 ‘‘(3) ACTIONS BARRED.—Notwithstanding any 

25 other provision of law, except as provided in subVerDate Aug 31 2005 06:28 Sep 12, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3885.IS S3885

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1 section (4)(C)(ii), no court shall have jurisdiction 

2 over a claim challenging— 

3 ‘‘(A) an escheatment of any property inter4 est pursuant to this section; or 

5 ‘‘(B) the compensation provided for an 

6 escheatment. 

7 ‘‘(4) COMPENSATION.— 

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

9 provide compensation in an amount described in 

10 subparagraph (B) to any individual that, absent 

11 an escheatment, would have inherited land or 

12 an interest in land. 

13 ‘‘(B) AMOUNT.— 

14 ‘‘(i) IN GENERAL.—In determining 

15 the amount of compensation to be provided 

16 under subparagraph (A), the Secretary 

17 shall take into consideration— 

18 ‘‘(I) any appraisal report pre19 pared incident to the probate of the 

20 estate of the Indian decedent who last 

21 owned the applicable interest imme22 diately prior to its escheat to the 

23 Tribe; or 

24 ‘‘(II) if an appraisal report de25 scribed in subclause (I) is not availVerDate Aug 31 2005 06:28 Sep 12, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3885.IS S3885

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1 able, the appraised value of the land 

2 or interest in land as of the date of 

3 probate of the land or interest. 

4 ‘‘(ii) INTEREST.—The amount of com5 pensation provided under this subsection 

6 shall include interest calculated from the 

7 date of probate of the applicable land or 

8 interest in land in accordance with section 

9 3116 of title 40, United States Code. 

10 ‘‘(C) REVIEW OF DETERMINATIONS.— 

11 ‘‘(i) ADMINISTRATIVE REVIEW.—A de12 termination by the Secretary of the 

13 amount of compensation provided under 

14 this subsection shall be subject to adminis15 trative review in accordance with regula16 tions of the Secretary contained in part 2 

17 of title 25, Code of Federal Regulations (or 

18 successor regulations). 

19 ‘‘(ii) JUDICIAL REVIEW.— 

20 ‘‘(I) IN GENERAL.—No court 

21 shall have jurisdiction to review a de22 termination by the Secretary of the 

23 amount of compensation provided 

24 under this subsection until the date 

25 on which a final decision is made with 


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1 respect to the administrative review of 

2 the determination. 

3 ‘‘(II) DEADLINE.— 

4 ‘‘(aa) IN GENERAL.—An ac5 tion seeking judicial review of a 

6 determination by the Secretary 

7 under this subsection shall be 

8 filed by not later than 1 year 

9 after the date described in sub10 clause (I). 

11 ‘‘(bb) FAILURE TO MEET

12 DEADLINE.—If the deadline de13 scribed in item (aa) is not met 

14 with respect to a determination 

15 of the Secretary, the determina16 tion shall not be subject to judi17 cial review. 

18 ‘‘(D) EXCLUSIVE REMEDY.—Compensation 

19 provided under this subsection with respect to 

20 an escheatment shall be the exclusive remedy 

21 for the escheatment. 

22 ‘‘(5) REGULATIONS.—The Secretary may pro23 mulgate such regulations as the Secretary deter24 mines to be necessary to carry out this subsection. 

25 ‘‘(6) APPLICABILITY.— 


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1 ‘‘(A) IN GENERAL.—This section shall 

2 apply to escheatments only if— 

3 ‘‘(i) a provision contained in any sub4 sections (a) through (d) is determined to 

5 be invalid for any reason by a court of 

6 competent jurisdiction; and 

7 ‘‘(ii) all appeals of such a determina8 tion are exhausted. 

9 ‘‘(B) EFFECT OF SUBSECTION.—Nothing 

10 in this subsection invalidates any provision con11 tained in any subsections (a) through (d). 

12 ‘‘(h) EFFECT ON INTERESTS AND WILLS.—Nothing 

13 in this section shall affect any interest in the estate of 

14 a person who dies, or the validity or effect of any will exe15 cuted, before the date that is 1 year after the date on 

16 which the Secretary publishes notice of the certification 

17 under subsection (f).’’. 

Æ 


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