SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE TITLE
DEFECTS AND INVOLUNTARY PARTITIONS.
(a) IN GENERAL.—All actions authorized by sections
303 and 304 shall be conducted in accordance with the
requirements and procedures described in this section.
(b) PARTIES.—
(1) UNITED STATES.—The United States shall
not be a necessary and indispensable party to an ac-
tion authorized under section 303 or 304. The Sec-
retary may participate as a party in any such action.
(2) PARTICIPATION
OF
SECRETARY.—If the
Secretary elects to participate in an action as pro-
vided for under paragraph (1), the responsive plead-
ing of the Secretary shall be made not later than 20
days after the Secretary receives the notice required
under subsection (c), or within such extended time
as the trial court in its discretion may permit.
(3) JUDGMENT
BINDING.—After the appear-
ance of the Secretary in any action described in
paragraph (1), or after the expiration of the time in
which the Secretary is authorized to respond under
paragraph (2), the proceedings and judgment in
such action shall be binding on the United States
and the parties upon whom service has been made
and shall affect the title to the restricted property
which is the subject of the action, in the same man-
ner and extent as though nonrestricted property
were involved.
(4) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to waive the requirement
of service of summons in accordance with applicable
Federal or State law upon the individual Indian cit-
izen landowners, who shall be necessary and indis-
pensable parties to all actions authorized by sections
303 and 304.
(c) NOTICE.—
(1) IN GENERAL.—The plaintiff in any action
authorized by sections 303 and 304 shall serve writ-
ten notice of the filing of such action and of a peti-
tion or complaint, or any amended petition or com-
plaint which substantially changes the nature of the
action or includes a new cause of action, upon the
Director of the Regional Office not later than 10
days after the filing of any such petition or com-
plaint or any such amended petition or complaint.
(2) FILING WITH CLERK.—A duplicate original
of any notice served under paragraph (1) shall be
filed with the clerk of the court in which the action
is pending.
(3) 
REQUIREMENTS.—The 
notice 
required
under paragraph (1) shall—
(A) be accompanied by a certified copy of
all pleadings on file in the action at the time of
the filing of the duplicate original notice with
the clerk under paragraph (2);
(B) be signed by the plaintiff to the action
or his or her counsel of record; and
(C) be served by certified mail, return re-
ceipt requested, and due return of service made
thereon, showing date of receipt and service of
notice.
(4) FAILURE TO SERVE.—If the notice required
under paragraph (1) is not served within the time
required under such paragraph, or if return of serv-
ice thereof is not made within the time permitted by
law for the return of service of summons, alias no-
tices may be provided until service and return of no-
tice is made, except that in the event that service of
the notice required under such paragraph is not
made within 60 days following the filing of the peti-
tion or complaint or amendments thereof, the action
shall be dismissed without prejudice.
(5) LIMITATION.—In no event shall the United
States or the parties named in a notice filed under
paragraph (1) be bound, or title to the restricted
property be affected, unless written notice is served
upon the Director as required under this subsection.
(d) REMOVAL.—
(1) IN
GENERAL.—The United States shall
have the right to remove any action to which this
section applies that is pending in a State court to
the United States district court by filing with the
State court, not later than 20 days after the service
of any notice with respect to such action under sub-
section (c), or within such extended period of time
as the trial court in its discretion may permit, a no-
tice of the removal of such action to such United
States district court, together with the certified copy
of the pleadings in such action as served on the Di-
rector of the Regional Office under subsection (c).
(2) DUTY OF STATE COURT.—It shall be the
duty of a State court to accept a notice filed under
paragraph (1) and cease all proceedings with respect
to such action.
(3) PLEADINGS.—Not later than 20 days after
the filing of a notice under paragraph (1), the copy
of the pleading involved (as provided under such
paragraph) shall be entered in the district court of
the 
United 
States 
and 
the 
defendants 
and
interveners in such action shall, not later than 20
days after the pleadings are so entered, file a re-
sponsive pleading to the complaint in such action.
(4) PROCEEDINGS.—Upon the submission of
the filings required under paragraph (3), the action
shall proceed in the same manner as if it had been
originally commenced in the district court, and its
judgment may be reviewed by certiorari, appeal, or
writ of error in like manner as if the action had
been originally brought in such district court.
SEC. 306. PENDING STATE PROCEEDINGS.
The courts of the State of Oklahoma shall continue
to exercise authority as a Federal instrumentality over all
heirship, probate, partition, and other actions involving re-
stricted property that are pending on the effective date
of this Act until the issuance of a final judgment and ex-
haustion of all appeal rights in any such action, or until
the petitioner, personal representative, or the State court
dismisses the action in accordance with State law.
TITLE IV—MISCELLANEOUS
SEC. 401. REGULATIONS.
The Secretary may promulgate such regulations as
may be necessary to carry out this Act, except that failure
to promulgate such regulations shall not limit or delay the
effect of this Act.
SEC. 402. REPEALS.
(a) IN GENERAL.—The following provisions are re-
pealed:
(1) The Act of August 11, 1955 (69 Stat. 666,
chapter 786).
(2) Section 2 of the Act of August 12, 1953
(67 Stat. 558, chapter 409).
(3) Sections 1 through 5 and 7 through 13 of
the Act of August 4, 1947 (61 Stat. 731, chapter
458).
(4) The Act of February 11, 1936 (25 U.S.C.
393a).
(5) The Act of January 27, 1933 (47 Stat. 777,
chapter 23).
(6) Sections 1, 2, 4, and 5 of the Act of May
10, 1928 (45 Stat. 495, chapter 517).
(7) The Act of April 12, 1926 (44 Stat. 239,
chapter 115).
(8) Sections 1 and 2 of the Act of June 14,
1918 (25 U.S.C. 375 and 355).
(9) Sections 1 through 3 and 6 through 12 of
the Act of May 27, 1908 (35 Stat. 312, chapter
199).
(10) Section 23 of the Act of April 26, 1906
(34 Stat. 137, chapter 1876).
(b) OTHER ACTS.—
(1) IN
GENERAL.—Not later than 6 months
after the effective date of this Act, the Secretary
shall prepare and submit to Congress a list of other
provisions of law that—
(A) expressly reference property of the
Five Nations or of Five Nations’ citizens and
that are in conflict with the provisions of this
Act; or
(B) are of general applicability with re-
spect to the property of Indian tribes and of in-
dividual Indians and that are in conflict with
this Act.
(2) TECHNICAL AMENDMENTS.—
(A) Section 28 of the Act of April 26,
1906 
(34 
Stat. 
137, 
chapter 
1876) 
is
amended—
(i) by striking the first proviso; and
(ii) by striking ‘‘Provided further’’ and
inserting ‘‘Provided’’.
(B) Section 6(c) of the Act of August 4,
1947 (61 Stat. 733, chapter 458) is amended
in the first sentence by striking ‘‘of one-half or
more Indian blood’’.
SEC. 403. STATUTORY CONSTRUCTION.
(a) SECRETARIAL TRUST RESPONSIBILITY.—Noth-
ing in this Act shall be construed to waive, modify, or di-
minish in any way the trust responsibility of the United
States over restricted property.
(b) NO EFFECT ON TRIBAL RELATIONSHIPS.—
(1) IN GENERAL.—Nothing in titles I through
IV of this Act is intended to or shall be construed
to in any way affect the authority that any federally
recognized Indian tribe may or may not have over—
(A) any other federally recognized Indian
tribe;
(B) the members of any other federally
recognized Indian tribe; or
(C) any land in which any other federally
recognized Indian tribe or any member of any
other federally recognized Indian tribe has or is
determined by the Secretary or a court of com-
petent jurisdiction to have any interest.
SEC. 404. REPRESENTATION BY ATTORNEYS FOR THE DE-
PARTMENT OF THE INTERIOR.
Attorneys of the Department of the Interior may—
(1) represent the Secretary in any actions filed
in the State courts of Oklahoma involving restricted
property;
(2) when acting as counsel for the Secretary,
provide information to all Indian citizens owning re-
stricted property (and to private counsel for such
citizens, if any) regarding their legal rights with re-
spect to the restricted property owned by such citi-
zens;
(3) at the request of any Indian citizen owning
restricted property, take such action as may be nec-
essary to cancel or annul any deed, conveyance,
mortgage, lease, contract to sell, power of attorney,
or any other encumbrance of any kind or character,
made or attempted to be made or executed in viola-
tion of this Act or any other Federal law, and take
such action as may be necessary to assist such In-
dian citizen in obtaining clear title, acquiring posses-
sion, and retaining possession of restricted property;
and
(4) in carrying out paragraph (3), refer pro-
posed actions to be filed in the name of the United
States in a district court of the United States to the
United States Attorney for that district, and provide
assistance in an of-counsel capacity in those actions
that the United States Attorney elects to prosecute.
TITLE V—WATER BASIN
COMMISSION
SEC. 501. WATER BASIN COMMISSION.
A compact among the State of Oklahoma, the Choc-
taw Nation of Oklahoma, and the Chickasaw Nation, shall
establish a State-tribal commission composed of an equal
number of representatives from the tribes and nontribal
residents of the respective water basin, for the purpose
of administering and distributing any benefits and net rev-
enues from the sale of water within the respective basin
to the Choctaw Nation of Oklahoma, the Chickasaw Na-
tion, and local public entities. Any sale of water to entities
outside the water basin must be consistent with the com-
pact and by the State-tribal commission for the respective
water basin within the boundaries of the Choctaw Nation
of Oklahoma and the Chickasaw Nation. One of the tribal
representatives of the State-tribal commission shall be ap-
pointed by the Bureau of Indian Affairs regional office
in Muskogee, Oklahoma.
Passed the House of Representatives October 17,
2000.
Attest:
Clerk.