IIB
107TH CONGRESS
2D SESSION
H. R. 2880
IN THE SENATE OF THE UNITED STATES
JUNE 12, 2002
Received; read twice and referred to the Committee on Indian Affairs
AN ACT
To amend laws relating to the lands of the enrollees and
lineal descendants of enrollees whose names appear on
the final Indian rolls of the Muscogee (Creek), Seminole,
Cherokee, Chickasaw, and Choctaw Nations (historically
referred to as the Five Civilized Tribes), and for other
purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Five Nations Indian Land Reform Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
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 re-
stricted property.
Sec. 103. Trust 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, PARTI-
TIONS, 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 restricted property conveyed to Indian
housing authorities.
Sec. 204. Administrative approval of partition in kind.
Sec. 205. Surface leases.
Sec. 206. Secretarial approval of mineral leases or agreements.
Sec. 207. Management of mineral interests.
Sec. 208. Mortgages.
TITLE III—PROBATE, HEIRSHIP DETERMINATION, AND OTHER
PROCEEDINGS AFFECTING TITLE TO RESTRICTED PROPERTY
Sec. 301. Actions affecting restricted property.
Sec. 302. Heirship determinations and probates.
Sec. 303. Actions to cure title defects.
Sec. 304. Involuntary partitions of restricted property.
Sec. 305. Requirements for actions to cure title defects and involuntary parti-
tions.
Sec. 306. Pending State proceedings.
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TITLE IV—MISCELLANEOUS
Sec. 401. Regulations.
Sec. 402. Validation of certain transactions; savings clause.
Sec. 403. Repeals.
Sec. 404. Secretarial trust responsibility.
Sec. 405. Representation by attorneys for the Department of the Interior.
Sec. 406. Filing requirements; constructive notice.
Sec. 407. Publication of designated officials.
Sec. 408. Rule of construction.
Sec. 409. Transmission of power from Indian lands in Oklahoma.
Sec. 410. Authorization of appropriations.
Sec. 411. Effective date.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1970, Federal Indian policy has en-
couraged Indian self-determination and economic
self-sufficiency. The exercise of Federal instrumen-
tality jurisdiction by the Oklahoma State courts over
the Indian property that is subject to Federal re-
strictions against alienation belonging to enrollees
and descendants of enrollees whose names appear on
the final Indian rolls of the Muscogee (Creek), Semi-
nole, Cherokee, Chickasaw, and Choctaw Nations,
historically referred to as the Five Civilized Tribes,
but now referred to as the Five Nations, is incon-
sistent with that policy.
(2) It is a goal of Congress to recognize the In-
dian land base as an integral part of the culture and
heritage of Indian people.
(3) The exercise of Federal instrumentality ju-
risdiction by the courts of the State of Oklahoma
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over conveyances and inheritance of restricted prop-
erty belonging to Individual Indians—
(A) is costly, confusing, and cumbersome,
and effectively prevents any meaningful Indian
estate planning, and unduly complicates the
probating of Indian estates and other legal pro-
ceedings relating to Individual Indians and
their lands; and
(B) has impeded the self-determination
and economic self-sufficiency of Individual Indi-
ans within the exterior boundaries of the Five
Nations.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To correct the disparate Federal treatment
of individual allotted lands of Individual Indians that
resulted from prior Federal legislation by equalizing
the Federal legislative treatment of restricted and
trust lands.
(2) To eliminate unnecessary legal and bureau-
cratic obstacles that impede the highest and best use
of restricted property belonging to Individual Indi-
ans.
(3) To provide for an efficient process for the
administrative review and approval of conveyances,
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voluntary partitions, and leases, and to provide for
Federal administrative proceedings in testate and in-
testate probate and other cases that involve the re-
stricted property of Individual Indians, which con-
cern the rights of Individual Indians to hold and ac-
quire such property in restricted and trust status.
(4) To transfer to the Secretary the Federal in-
strumentality jurisdiction of the Oklahoma State
courts together with other authority currently exer-
cised by such courts over the conveyance, devise, in-
heritance, lease, encumbrance, and certain voluntary
partition actions involving restricted property be-
longing to such Individual Indians.
SEC. 4. DEFINITIONS.
In this Act:
(1) FIVE NATIONS.—The term ‘‘Five Nations’’
means the Cherokee Nation, the Chickasaw Nation,
the Choctaw Nation of Oklahoma, the Seminole Na-
tion of Oklahoma, and the Muscogee (Creek) Nation,
collectively, which were historically referred to as the
‘‘Five Civilized Tribes’’.
(2) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ has the meaning given that term in section
1151 of title 18, United States Code, which includes
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restricted property and trust property as such terms
are defined in this Act.
(3) INDIAN
NATION.—The term ‘‘Indian Na-
tion’’ means one of the individual Five Nations re-
ferred to in paragraph (1).
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given that term in section 4(e) of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)).
(5) INDIVIDUAL INDIAN.—The term ‘‘Individual
Indian’’ means a member or citizen of one of the in-
dividual Five Nations referred to in paragraph (1),
an enrollee on the final Indian rolls of the Five Civ-
ilized Tribes, or an individual who is a lineal de-
scendant by blood of an Indian ancestor enrolled on
the final Indian rolls of the Five Civilized Tribes, re-
gardless of whether such person is an enrolled mem-
ber of one of the Five Nations.
(6) RESTRICTED
PROPERTY.—(A) The term
‘‘restricted property’’ means any right, title, or in-
terest in real property owned by an Individual In-
dian that is subject to a restriction against alien-
ation, conveyance, lease, mortgage, creation of liens,
or other encumbrances imposed by this Act and
other laws of the United States expressly applicable
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to the property of enrollees and lineal descendants of
enrollees on the final Indian rolls of the Five Civ-
ilized Tribes.
(B) The term ‘‘restricted property’’ includes,
without limitation, those interests in the estate of a
decedent Individual Indian who died prior to the ef-
fective date of this Act that were, immediately prior
to the decedent’s death, subject to restrictions
against alienation imposed by the laws of the United
States but that had not, as of the effective date of
this Act—
(i) been the subject of a final order deter-
mining the decedent’s heirs and distributing the
restricted property issued by a State district
court or a United States district court;
(ii) been conveyed by heirs by deed ap-
proved in State district court;
(iii) been conveyed by heirs of less than
one-half degree of Indian blood with or without
State district court approval; or
(iv) been the subject of Secretarial ap-
proval of removal of restrictions.
(C) The term ‘‘restricted property’’ does not in-
clude Indian trust allotments made pursuant to the
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General Allotment Act (25 U.S.C. 331 et seq.) or
any other trust property.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior or the designee of the
Secretary of the Interior.
(8) TRUST PROPERTY.—The term ‘‘trust prop-
erty’’ means Indian property, title to which is held
in trust by the United States for the benefit of an
Individual Indian or an Indian Nation, provided that
such property was acquired in trust by the United
States under the authority of the Act of June 18,
1934 (25 U.S.C. 461 et seq.) (commonly known as
the ‘‘Indian Reorganization Act’’) or the Act of June
26, 1936 (25 U.S.C. 501 et seq.) (commonly known
as the ‘‘Oklahoma Indian Welfare Act’’), within the
boundaries of the State of Oklahoma.
TITLE I—RESTRICTIONS;
REMOVAL OF RESTRICTIONS
SEC. 101. RESTRICTIONS ON REAL PROPERTY.
(a) APPLICATION.—Beginning on the effective date
of this Act, all restricted property shall be subject to re-
strictions against alienation, conveyance, lease, mortgage,
creation of liens, or other encumbrances, regardless of the
degree of Indian blood of the Individual Indian who owns
such property.
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(b) CONTINUATION.—
(1) IN GENERAL.—Any restricted property, in-
cluding any restricted property referred to in sub-
section (a), shall remain restricted property notwith-
standing the acquisition of such property by an Indi-
vidual Indian by inheritance, devise, gift, or ex-
change.
(2) WITH
WAIVER.—Any restricted property,
including any restricted property referred to in sub-
section (a), shall remain restricted property upon the
acquisition of such property by an Individual Indian
by election to take at partition or by purchase, but
only if—
(A) prior to the execution of the deed
transferring such restricted property, the Indi-
vidual Indian who owned such property prior to
such election to take or purchase executes a
written waiver of his or her right to acquire
other property in restricted status pursuant to
section 102; and
(B) such restrictions appear in the deed
transferring such property to the Individual In-
dian electing to take at partition or purchasing
such property, together with certification on
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said deed by the Secretary that the require-
ments of this paragraph have been met.
SEC. 102. REINVESTMENT OF PROCEEDS FROM CONDEMNA-
TION 
OR 
CONVEYANCE 
OF 
RESTRICTED
PROPERTY.
(a) REQUIREMENT.—Upon the conveyance of the re-
stricted property of an Individual Indian pursuant to this
Act, or upon the conveyance or condemnation of such
property pursuant to section 3 of the Act of March 3,
1901 (25 U.S.C. 357) or other Federal laws generally ap-
plicable to the condemnation of Indian trust or restricted
property, the Secretary shall use any proceeds from such
conveyance or condemnation to purchase from a willing
seller other property designated by such Individual Indian,
and such designated property shall be restricted property
if—
(1) such proceeds were deposited into a seg-
regated trust fund account under the supervision of
the Secretary at the request of the Individual In-
dian;
(2) such Individual Indian provides a written
statement to the Secretary for payment of all or a
portion of such proceeds for purchase of property to
be held in restricted status;
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(3) such Individual Indian has not executed a
written waiver of his or her right to acquire other
property in restricted status pursuant to section
101;
(4) such restrictions appear in the conveyance
to the Individual Indian with certification by the
Secretary that the requirements of this section have
been met;
(5) such property is located within the State of
Oklahoma; and
(6) the Secretary determines that there are no
existing liens or other encumbrances which would
substantially interfere with the use of the property.
(b) FAIR MARKET VALUE
IN EXCESS
OF PRO-
CEEDS.—If the fair market value of any property des-
ignated under subsection (a) exceeds the amount of pro-
ceeds that are derived from the conveyance or condemna-
tion of such property, a specific tract of land within the
property shall be designated by the Individual Indian for
placement in restricted status. Such restrictions shall ap-
pear on the face of the deed with certification by the Sec-
retary describing that portion of the property which is sub-
ject to restrictions.
(c) RULE
OF CONSTRUCTION.—The provisions of
subsections (a) and (b) of this section shall apply to the
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reinvestment of proceeds derived from the conveyance or
condemnation of restricted property of an Individual In-
dian pursuant to the Act of March 2, 1931, as amended
by the Act of June 30, 1932 (25 U.S.C. 409a), where such
reinvestment occurs after the effective date of this Act.
SEC. 103. TRUST FUNDS.
(a) IN GENERAL.—All funds and securities held or
supervised by the Secretary derived from restricted prop-
erty or Individual Indian trust property on or after the
effective date of this Act, including proceeds from any con-
veyance or condemnation as provided for in section 102,
are deemed to be held in trust and shall remain subject
to the jurisdiction of the Secretary.
(b) USE OF FUNDS.—Funds, securities, and proceeds
described in subsection (a) may be released upon approval
or expended by the Secretary for the use and benefit of
the Individual Indians to whom such funds, securities, and
proceeds belong, under such rules and regulations as the
Secretary shall prescribe.
SEC. 104. PERIOD OF RESTRICTIONS.
Subject to the provisions of this Act that permit re-
strictions to be removed, the period of restriction against
alienation, conveyance, lease, mortgage, creation of liens,
or other encumbrances of restricted property and funds
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belonging to Individual Indians, is hereby extended until
an Act of Congress determines otherwise.
SEC. 105. REMOVAL OF RESTRICTIONS.
(a) PROCEDURE.—
(1) APPLICATION.—An Individual Indian who
owns restricted property, or the legal guardian of a
minor Individual Indian or of an Individual Indian
who has been determined to be legally incompetent
by a court of competent jurisdiction (including a
tribal court), may apply to the Secretary for an
order removing restrictions on any interest in re-
stricted property owned by such Individual Indian.
The application shall be considered by the Secretary
only as to the tract, tracts, or severed mineral or
surface interest described in the application.
(2) CONSIDERATION
OF
APPLICATION.—Not
later than 90 days after the date on which an appli-
cation referred to in paragraph (1) is submitted to
the Secretary, the Secretary shall either issue the re-
moval order or disapprove the application.
(3) DISAPPROVAL BY VIRTUE OF MISSED DEAD-
LINE.—If the application referred to in paragraph
(1) is not approved within 90 days of submission to
the Secretary, the application shall be deemed to
have been disapproved pursuant to paragraph
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(4)(B). Such disapproval of the application shall be
subject to review in accordance with the Administra-
tive Procedures Act (5 U.S.C. 701 et seq.), and the
Secretary’s regulations governing administrative ap-
peals.
(4) DISAPPROVAL.—The Secretary shall dis-
approve an application pursuant to paragraph (2)
if—
(A) in the Secretary’s judgment, the appli-
cant has been subjected to fraud, undue influ-
ence, or duress by a third party; or
(B) the Secretary determines it is other-
wise not in the Individual Indian owner’s best
interest.
(b) REMOVAL OF RESTRICTIONS.—When an order to
remove restrictions becomes effective under subsection (a),
the Secretary shall issue a certificate describing the prop-
erty and stating that the Federal restrictions have been
removed.
(c) SUBMISSION OF LIST.—Not later than April 1 of
each year, the Secretary shall cause to be filed with the
county treasurer of each county in the State of Oklahoma
where restricted property is situated, a list of restricted
property that has lost its restricted status during the pre-
ceding calendar year in accordance with the provisions of
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this Act. The Secretary shall also cause such list to be
filed in the appropriate land titles and records offices des-
ignated by the Secretary pursuant to section 406(a).
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to—
(1) abrogate valid existing rights to property
that is subject to an order to remove restrictions
under this section; and
(2) remove restrictions on any other restricted
property owned by the applicant.
SEC. 106. EXEMPTIONS FROM PRIOR CLAIMS.
Sections 4 and 5 of the Act of May 27, 1908 (35
Stat. 312, chapter 199), shall apply to all restricted prop-
erty.
SEC. 107. FRACTIONAL INTERESTS.
Upon application by an Individual Indian owner of
an undivided unrestricted interest in property of which a
portion of the interests in such property is restricted as
of the effective date of this Act, the Secretary shall forth-
with convert that unrestricted interest into restricted sta-
tus if all of the undivided interests in the property are
owned by Individual Indians as of the date of the applica-
tion under this section. The conversion into restricted sta-
tus shall be effective upon the date of filing of a restricted
form deed with the county clerk of the county where the
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property is situated; provided that such deed must be exe-
cuted by the applicant and approved by the Secretary.
TITLE II—ADMINISTRATIVE AP-
PROVAL OF CONVEYANCES,
PARTITIONS, 
LEASES, 
AND
MORTGAGES; 
MANAGEMENT
OF MINERAL INTERESTS
SEC. 201. APPROVAL AUTHORITY FOR CONVEYANCES AND
LEASES.
The Secretary shall have exclusive jurisdiction to ap-
prove conveyances and leases of restricted property by an
Individual Indian or by any guardian or conservator of
any Individual Indian who is a ward in any guardianship
or conservatorship proceeding pending in any court of
competent jurisdiction, except that petitions for such ap-
provals that are filed in Oklahoma district courts prior to
the effective date of this Act shall be heard and adju-
dicated by such courts pursuant to the procedures de-
scribed in section 1 of the Act of August 4, 1947 (61 Stat.
731, chapter 458), as in effect on the day before the effec-
tive date of this Act, unless the Individual Indian, guard-
ian, or conservator dismisses the petition or otherwise ob-
jects to the conveyance or lease prior to final court ap-
proval.
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SEC. 202. APPROVAL OF CONVEYANCES.
(a) PROCEDURE.—
(1) IN GENERAL.—The Secretary may approve
the conveyance of interests in restricted property by
an Individual Indian—
(A) after the property is appraised by the
Secretary;
(B) for an amount that is not less than 90
percent of the appraised value of the property;
(C) to the highest bidder through the sub-
mission to the Secretary of closed, silent bids or
negotiated bids; and
(D) upon the approval of the Secretary.
(2) APPROVAL OF DEED.—No deed conveying
an interest in restricted property shall be valid un-
less the Secretary’s approval is endorsed on the face
of such deed.
(b) EXCEPTION.—
(1) IN GENERAL.—Notwithstanding subsection
(a)(2)(B), the Secretary may approve the conveyance
of restricted property, or any portion thereof, by an
Individual Indian to any of the individuals described
in paragraph (2) without soliciting bids, providing
notice, or for consideration which is less than the
appraised value of the property, if the Secretary de-
termines that the conveyance is not contrary to the
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best interests of the Individual Indian and that the
Individual Indian has been duly informed of and un-
derstands the fair market appraisal, and is not being
coerced into the conveyance.
(2) INDIVIDUALS.—An individual described in
this paragraph is limited to the Individual Indian
spouse, father, mother, brother or sister, son, daugh-
ter or other lineal descendant, aunt or uncle, cousin,
niece or nephew, or Individual Indian co-owner.
SEC. 
203. 
REIMPOSITION 
OF 
RESTRICTIONS 
ON 
RE-
STRICTED PROPERTY CONVEYED TO INDIAN
HOUSING AUTHORITIES.
(a) IN GENERAL.—
(1) CERTIFICATE OF RESTRICTED STATUS.—In
any case where the restrictions have been removed
from restricted property for the purpose of allowing
conveyances of the property to Indian housing au-
thorities to enable such authorities to build homes
for individual owners or relatives of owners of re-
stricted property, the Secretary shall issue a Certifi-
cate of Restricted Status describing the property
and imposing restrictions thereon upon written re-
quest by the Individual Indian homebuyer or an In-
dividual Indian successor in interest to such home-
buyer.
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(2) REQUEST FOR CERTIFICATE.—The request
referred to in paragraph (1) shall—
(A) include evidence satisfactory to the
Secretary that the homebuyer’s contract has
been paid in full; and
(B) be delivered to the Secretary not later
than 5 years after the housing authority con-
veys such property back to the original Indi-
vidual Indian homebuyer or an Individual In-
dian assignee or successor of the original Indi-
vidual Indian homebuyer.
(b) EXISTING LIENS.—Prior to issuing a certificate
under subsection (a) with respect to property, the Sec-
retary may require the elimination of any existing liens
or other encumbrances which would substantially interfere
with the use of the property.
(c) APPLICATION TO CERTAIN HOMEBUYERS.—Indi-
vidual Indian homebuyers described in subsection (a) who
acquired ownership of property prior to the effective date
of this Act shall have 5 years from such effective date to
request that the Secretary issue a certificate under such
subsection.
(d) RULE OF CONSTRUCTION.—Nothing in this Act
shall be construed to limit or affect the rights of Individual
Indians described in this section under other Federal laws
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and regulations relating to the acquisition and status of
trust property.
SEC. 204. ADMINISTRATIVE APPROVAL OF PARTITION IN
KIND.
(a) PARTITION IN KIND OF TRUST PROPERTY.—
(1) JURISDICTION.—The Secretary shall have
exclusive jurisdiction to approve the partition in kind
of trust property pursuant to paragraph (2), where
all of the undivided –interests in such property are
held in trust.
(2) APPROVAL
ORDER.—The Secretary may
issue an order approving the partition in kind of
trust property described in paragraph (1) after re-
ceiving an application pursuant to –subsection (d)(1)
and satisfying the requirements of subsection (d),
paragraphs (2) and (3), if—
(A) the Individual Indian owners of more
than 50 percent of the total undivided interest
in the property approve a plan to partition such
property; and
(B) the Secretary finds the plan to be rea-
sonable, fair, and equitable.
(3) RULE OF CONSTRUCTION.—This subsection
shall not apply to trust property if 1 or more of the
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undivided interests referred to in paragraph (1) are
held in trust for an Indian Nation.
(b) PARTITION IN KIND OF PROPERTY COMPRISED
OF UNDIVIDED TRUST AND NONTRUST INTERESTS.—
(1) JURISDICTION.—The Secretary shall have
jurisdiction to approve deeds for the partition in
kind of property comprised of undivided trust and
nontrust interests, held in common ownership by at
least 1 Individual Indian and 1 or more co-owners.
(2) APPROVAL
OF
PARTITION
DEEDS.—The
Secretary may issue an order approving the partition
in kind of all or a portion of the property described
in paragraph (1) after receiving an application pur-
suant to subsection (d)(1) and satisfying the re-
quirements of subsection (d), paragraphs (2) and
(3), if—
(A) a plan described in subsection (d)(2)
or (d)(3) is approved in writing by all of the
owners; and
(B) the Secretary finds the plan to be rea-
sonable, fair, and equitable.
(c) PARTITION OF RESTRICTED PROPERTY.—
(1) JURISDICTION.—The Secretary shall have
jurisdiction to approve deeds for the partition in
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kind of property some or all of which consists of un-
divided interests in restricted property.
(2) APPROVAL
OF
PARTITION
DEEDS.—The
Secretary may—
(A) approve the partition in kind of all or
a portion of the property described in para-
graph (1) after receiving an application pursu-
ant to subsection (d)(1) and satisfying the re-
quirements of subsection (d), paragraphs (2)
and (3); and
(B) secure and approve appropriate deeds
from all Individual Indian owners if—
(i) a plan described in subsection
(d)(2) or (d)(3) is approved in writing by
all of the Individual Indians who own an
undivided restricted interest in the prop-
erty; and
(ii) the Secretary finds the plan to be
reasonable, fair, and equitable.
(3) CONTINUATION OF RESTRICTED STATUS.—
The restricted status of any property acquired by an
Individual Indian by deed exchange for the purpose
of effecting a partition plan shall remain restricted
pursuant to section 101(b)(1). Any property ac-
quired by an Individual Indian by purchase for the
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purpose of effecting a partition plan shall remain re-
stricted if the requirements of section 101(b)(2) are
met.
(d) PROCEDURES.—
(1) APPLICATION.—An owner or owners of an
undivided interest in any trust property described in
subsections (a)(1) or (b)(1) or any restricted prop-
erty described in subsection (c)(1) may make written
application, on a form approved by the Secretary,
for the partition in kind of the restricted property or
trust property described in the application.
(2) DETERMINATION.—If, based on an applica-
tion submitted under paragraph (1), the Secretary
determines that the property involved is susceptible
to partition in kind, the Secretary shall initiate par-
tition of the property by—
(A) notifying the owners of such deter-
mination;
(B) providing the owners with a partition
plan; and
(C) affording the owners a reasonable time
to respond, object, or consent in accordance
with 
subsections 
(a)(2)(A), 
(b)(2)(A), 
or
(c)(2)(B).
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(3) PROPOSED LAND DIVISION PLAN.—The Sec-
retary shall give applicants and all other owners of
property subject to a partition application under this
section a reasonable opportunity to negotiate a pro-
posed land division plan for the purpose of securing
ownership of a tract on the property equivalent to
their respective interests in the undivided estate,
prior to taking any action related to partition in
kind of the property under this section. The Sec-
retary may facilitate the negotiations for a land divi-
sion plan.
(4) CONVEYANCES.—After the Secretary has
approved a partition pursuant to subsection (a), (b),
or (c), the Secretary shall issue or approve any or-
ders, deeds, or instruments of conveyance necessary
to complete the partition.–––
(e) AUTHORITY
OF SECRETARY
TO CONSENT
TO
PLAN OF PARTITION ON BEHALF OF CERTAIN OWN-
ERS.—The Secretary may give written consent to a plan
of partition—
(1) 
pursuant 
to 
subsections 
(a)(2)(A),
(b)(2)(A), or (c)(2)(B)(1) on behalf of any owner of
an undivided interest if—
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(A) the owner is deceased and the heirs to,
or devisees of, the interest of the deceased
owner have not been determined;
(B) the heir or devisee referred to in para-
graph (1) has been determined but cannot be
located; or
(C) the owner is a minor, non compos
mentis, or otherwise under legal disability (un-
less a guardian or conservator possesses the au-
thority to approve a plan of partition on behalf
of the owner); and
(2) pursuant to subsections (b)(2)(A) and
(c)(2)(B) on behalf of any Individual Indian owner
who cannot be located if the owners of 50 percent
or more of the individual interest consent to such a
plan.
SEC. 205. SURFACE LEASES.
The Secretary may approve leases of restricted prop-
erty by an Individual Indian pursuant to the Act of Au-
gust 9, 1955 (25 U.S.C. 415 et seq.), section 105 of the
American Indian Agricultural Resource Management Act
(25 U.S.C. 3715), and section 219 of the Indian Land
Consolidation Act (25 U.S.C. 2218).
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SEC. 206. SECRETARIAL APPROVAL OF MINERAL LEASES
OR AGREEMENTS.
(a) APPROVAL.—
(1) GENERAL RULE.—No lease or agreement
purporting to convey or create any mineral interest
in restricted or trust property that is entered into or
renewed after the effective date of this Act shall be
valid unless approved by the Secretary.
(2) REQUIREMENTS.—The Secretary may ap-
prove a lease or agreement described in paragraph
(1) only if—
(A) the Individual Indian owners of a ma-
jority of the undivided interest in the restricted
or trust mineral estate that is the subject of the
lease or agreement (including any interest cov-
ered by a lease or agreement executed by the
Secretary under subsection (c)) consent to the
lease or agreement;
(B) the Secretary determines that approv-
ing the lease or agreement is in the best inter-
est of the Individual Indian owners of the re-
stricted or trust mineral interests; and
(C)(i) the Secretary has accepted the high-
est bid for such lease or agreement after a com-
petitive bidding process has been conducted by
the Secretary, or
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(ii) the Secretary has determined that it is
in the best interest of the Individual Indian
owners to award a lease made by negotiation,
and the Individual Indian owners so consent in
writing.
(b) EFFECT OF APPROVAL.—Upon the approval of
a lease or agreement by the Secretary under subsection
(a), the lease or agreement shall be binding upon all own-
ers of the restricted or trust undivided interests subject
to the lease or agreement and all other parties to the lease
or agreement, to the same extent as if all of the owners
of the restricted or trust mineral interests involved had
consented to the lease or agreement.
(c) EXECUTION OF LEASE OR AGREEMENT BY SEC-
RETARY.—The Secretary may execute a mineral lease or
agreement that affects restricted or trust property inter-
ests on behalf of an Individual Indian owner if that owner
is deceased and the heirs to, or devisees of, the interest
of the deceased owner have not been determined, or if the
heirs or devisees have been determined but one or more
of the heirs or devisees cannot be located.
(d) DISTRIBUTION OF PROCEEDS.—The proceeds de-
rived from a mineral lease or agreement approved by the
Secretary under subsection (a) shall be distributed in ac-
cordance with the interest held by each owner pursuant
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to such rules and regulations as may be promulgated by
the Secretary.
(e) COMMUNITIZATION AGREEMENTS.—Restricted or
trust mineral interests underlying property located within
a spacing and drilling unit approved by the Oklahoma Cor-
poration Commission shall not be drained of any oil or
gas by a well within such unit without a communitization
agreement prepared and approved by the Secretary. In the
event of any such drainage without a communitization
agreement approved by the Secretary, 100 percent of all
revenues derived from the production from any such re-
stricted or trust property shall be paid to the Individual
Indian owner free of all drilling, lifting, and other produc-
tion costs.
SEC. 207. MANAGEMENT OF MINERAL INTERESTS.
(a) OIL AND GAS CONSERVATION LAWS.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this Act, the oil and gas conservation laws
of the State of Oklahoma shall apply to restricted
property.
(2) APPROVAL.—No order of the Corporation
Commission affecting restricted property shall be
valid as to such property until such order is sub-
mitted to and approved by the Secretary.
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(3) NOTICE.—Notice of any hearing or any
order pending before the Oklahoma Corporation
Commission affecting restricted or trust property
shall be furnished to the Secretary of the Interior
not less than 30 days prior to the date of the hear-
ing or the approval of the order by the Commission.
(4) RULE OF CONSTRUCTION.—To the extent
that an interest in any such well is not restricted
property, the authority of the Secretary over the re-
stricted mineral interest shall be exercised in con-
junction with the Oklahoma Corporation Commis-
sion’s authority over such nonrestricted interest.
Nothing in this subsection shall be construed to
grant to the State of Oklahoma regulatory jurisdic-
tion over the protection of the environment and nat-
ural resources of restricted property, except to the
limited extent granted by this subsection.
(b) IMPLEMENTATION OF FEDERAL OIL AND GAS
ROYALTY MANAGEMENT ACT.—Beginning on the effective
date of this Act, the Secretary shall exercise all the duties
and responsibilities of the Secretary under the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C.
1702 et seq.) with respect to an oil and gas lease where—
(1) the Secretary has approved the oil and gas
lease pursuant to section 206(a);
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(2) the Secretary has, prior to the effective date
of this Act, approved the oil and gas lease pursuant
to the Act of May 27, 1908 (35 Stat. 312, chapter
199); or
(3) the Secretary has, before the effective date
of this Act, approved an oil and gas lease of lands
of any of the Five Nations pursuant to the Act of
May 11, 1938 (25 U.S.C. 396a et seq.).
SEC. 208. MORTGAGES.
An Individual Indian may mortgage restricted prop-
erty only in accordance with and under the authority of
the Act of March 29, 1956 (25 U.S.C. 483a).
TITLE III—PROBATE, HEIRSHIP
DETERMINATION, AND OTHER
PROCEEDINGS 
AFFECTING
TITLE TO RESTRICTED PROP-
ERTY
SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.
The Secretary shall have jurisdiction over actions af-
fecting title to, or use or disposition of, trust property or
restricted property. The United States district courts in
the State of Oklahoma and the courts of the State of Okla-
homa shall have jurisdiction over actions affecting title to,
or use or disposition of, trust property or restricted prop-
erty only to the extent expressly authorized by this Act
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or by other Federal laws applicable to trust property or
restricted property.
SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.
(a) JURISDICTION.—The Secretary shall have exclu-
sive jurisdiction to probate wills or otherwise determine
heirs of deceased Individual Indians and to adjudicate all
such estate actions to the extent that they involve indi-
vidual trust property, restricted property, or trust funds
or securities held or supervised by the Secretary derived
from such property, subject to the following exceptions:
(1) The Secretary shall not have jurisdiction
over such estate actions that are pending in the
courts of the State of Oklahoma as provided in sec-
tion 306 on the effective date of this Act.
(2) The Secretary shall not have jurisdiction
over any estate for which a final order of probate or
determination of heirs was issued by a court of the
State of Oklahoma or a United States district court
prior to the effective date of this Act.
(b) GOVERNING LAWS.—Notwithstanding any other
provision of law, the Secretary shall have jurisdiction and
authority under this section and sections 1 and 2 of the
Act of June 25, 1910 (25 U.S.C. 372 and 373, respec-
tively) to determine heirs, approve and probate wills, and
distribute restricted property, trust property, and trust
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funds in estates of Individual Indian decedents, subject
to the following requirements:
(1) LAW
APPLICABLE
TO
ESTATES
OF
INDI-
VIDUAL INDIAN DECEDENTS WHO DIED INTESTATE
PRIOR
TO
EFFECTIVE
DATE.—The administrative
law judge or other official designated by the Sec-
retary shall apply the laws of the State of Oklahoma
governing descent and distribution in force on the
date of the decedent’s death to all restricted prop-
erty, trust property, and trust funds or securities de-
rived from such property in the estates of deceased
Individual Indians who died intestate prior to the ef-
fective date of this Act.
(2) LAW
APPLICABLE
TO
ESTATES
OF
INDI-
VIDUAL INDIAN DECEDENTS WHO DIE INTESTATE
ON OR AFTER EFFECTIVE DATE.—The administra-
tive law judge or other official designated by the
Secretary shall apply the following laws to all re-
stricted property, trust property, and trust funds or
securities derived from such property in the estates
of deceased Individual Indians who die intestate on
or after the effective date of this Act:
(A) A probate code approved by the Sec-
retary applicable to such property, funds, and
securities but only if approved by the Secretary
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in accordance with section 206(b)(2) of Public
Law 97–459 (25 U.S.C. 2205(b)(2)).
(B) In the absence of a probate code ap-
proved by the Secretary in accordance with sec-
tion 206(b)(2) of Public Law 97–459 (25
U.S.C. 2205(b)(2)), any Federal statute estab-
lishing rules of descent and distribution for
trust or restricted property.
(C) In the absence of either a probate code
approved by the Secretary in accordance with
section 206(b)(2) of Public Law 97–459 (25
U.S.C. 2205(b)(2)) or a Federal statute estab-
lishing rules of descent and distribution for
trust or restricted property, the laws of descent
and distribution in force in the State of Okla-
homa.
(3) LAW
APPLICABLE
TO
WILLS
EXECUTED
PRIOR TO EFFECTIVE DATE.—
(A) IN GENERAL.—The Secretary shall ap-
prove a will of an estate containing trust prop-
erty, restricted property, or trust funds or secu-
rities derived from such property if the will was
executed by an Individual Indian (i) prior to the
effective date of this Act, and (ii) in accordance
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with the laws of the State of Oklahoma gov-
erning the validity and effect of wills.
(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), the will of a full-blood Indi-
vidual Indian which disinherits the parent,
spouse, or one or more children of such full-
blood Individual Indian shall not be valid with
respect to the disposition of restricted property
unless the requirements of section 23 of the Act
of April 26, 1906 (34 Stat. 137, chapter 1876),
as in effect on the day before the effective date
of this Act, are met.
(4) LAW APPLICABLE TO WILLS EXECUTED ON
OR AFTER EFFECTIVE DATE.—
(A) IN GENERAL.—Any Individual Indian
who has attained age 18 and owns restricted
property, trust property, or trust funds or secu-
rities may dispose of such assets by will, exe-
cuted on or after the effective date of this Act.
The Secretary shall review and approve such
wills in accordance with section 2 of the Act of
June 25, 1910 (25 U.S.C. 373).
(B) FRAUD.—In any case where a will has
been approved by the Secretary under subpara-
graph (A) and it is subsequently discovered that
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there was fraud in connection with the execu-
tion or procurement of the will, the Secretary is
authorized, within 1 year after the death of the
testator, to cancel approval of the will. If an ap-
proval is canceled in accordance with the pre-
ceding sentence, the property purported to be
disposed of in the will shall descend or be dis-
tributed as property of an intestate decedent
under paragraph (2).
(5) 
FEDERAL
LAW
CONTROLS.—Notwith-
standing any other provision of this section, Federal
law governing personal claims against the estate of
a deceased Individual Indian or against trust prop-
erty or restricted property, including the restrictions
imposed by this Act or other applicable Federal law
against the alienation, conveyance, lease, mortgage,
creation of liens, or other encumbrances of trust
property, restricted property, and trust funds and
securities shall apply to all such assets contained in
the estate of the deceased Individual Indian.
SEC. 303. ACTIONS TO CURE TITLE DEFECTS.
(a) JURISDICTION.—Except as provided in sub-
sections (b) and (c), the United States district courts in
the State of Oklahoma and the State courts of Oklahoma
shall retain jurisdiction over actions seeking to cure de-
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fects affecting the marketability of title to restricted prop-
erty.
(b) ADVERSE POSSESSION.—No cause of action may
be brought to claim title to or an interest in restricted
property by adverse possession or the doctrine of laches
on or after the effective date of this Act, except that—
(1) all such causes that are pending on the ef-
fective date of this Act in accordance with the provi-
sions of section 3 of the Act of April 12, 1926 (44
Stat. 239, chapter 115), shall be subject to section
306; and
(2) an action to quiet title to an interest in re-
stricted property on the basis of adverse possession
may be filed in the courts of the State of Oklahoma
if all requirements of Oklahoma law for acquiring
title by adverse possession, including the running of
the full 15-year limitations period, have been met
prior to the effective date of this Act.
(c) LAW APPLICABLE IN CERTAIN ACTIONS.—In any
action referred to in subsection (b)(2) that is—
(1) filed not later than 2 years after the effec-
tive date of this Act, the law applicable to such an
action on the day before the date of the enactment
of this Act shall apply; and
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(2) filed more than 2 years after the effective
date of this Act, the claimant must show by clear
and convincing evidence that all requirements of
Oklahoma law for acquiring title by adverse posses-
sion in effect on the day before the date of the en-
actment of this Act, including the running of the full
15-year limitations period, were met prior to the ef-
fective date of this Act.
(d) APPLICABILITY OF CERTAIN PROVISION OF THIS
ACT.—Any action filed pursuant to subsection (a) or
(b)(2) shall be subject to the procedures set forth in sec-
tion 305.
(e) HEIRSHIP
DETERMINATIONS
AND
DISPOSI-
TIONS.—
(1) NO DEROGATION OF JURISDICTION.—Noth-
ing in this section shall be construed to authorize a
determination of heirs in a quiet title action in Fed-
eral or State court in derogation of the Secretary’s
exclusive jurisdiction to probate wills or otherwise
determine heirs of the deceased Individual Indians
owning restricted property and to adjudicate all such
estate actions involving restricted property pursuant
to section 302, or in derogation of the Secretary’s
exclusive jurisdiction over the disposition of re-
stricted property under this Act.
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(2) REQUEST FOR DETERMINATION OF HEIRS
TO ESTABLISH MARKETABLE TITLE.—Any grantee
of an undetermined heir who, prior to the effective
date of this Act and in accordance with applicable
Federal laws, conveyed, leased, or otherwise encum-
bered his or her interest in the restricted property
of an unprobated estate of an Individual Indian de-
cedent may request that the Secretary determine the
heirs of the decedent in order to establish market-
able title in said grantee.
(3) DETERMINATION REQUIRED.—Upon receipt
of an application made under paragraph (2), the
Secretary shall determine the heirs in accordance
with the provisions of section 302.
(4) GRANTEE.—For purposes of this subsection
the term grantee shall include any grantee, lessee, or
mortgagee of such heir and any successors or as-
signs of such grantee.
SEC. 304. INVOLUNTARY PARTITIONS OF RESTRICTED
PROPERTY.
(a) PETITION; JURISDICTION AND APPLICABLE LAW;
REQUIREMENTS.—
(1) PETITIONS.—Subject to the provisions of
subsection (d), any person who owns any undivided
interest in a tract of property consisting entirely or
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partially of undivided restricted interests, regardless
of the size of that person’s interest in the whole
tract, may file an action in the United States district
court in the district wherein the tract is located or
the Oklahoma State district court for the county
wherein the tract is located for the involuntary parti-
tion of such tract.
(2) JURISDICTION; 
APPLICABLE
LAW.—The
United States district courts in the State of Okla-
homa and the State courts of Oklahoma shall have
jurisdiction over actions for the involuntary partition
of property filed pursuant to this section, subject to
all requirements and limitations of this section and
the requirements in sections 305 and 306. The laws
of the State of Oklahoma governing the partition of
property shall be applicable to all actions for invol-
untary partition under this section, except to the ex-
tent that any such laws are in conflict with any pro-
visions of this section and sections 305 and 306.
(3) AGREEMENT
AFTER
INITIATION
OF
AC-
TION.—If after the initiation of any action author-
ized by this section, the parties to the suit reach an
agreement for the partition of the property in kind
or by sale, such agreement shall not be valid or
binding as to the restricted interests until it is ap-
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proved by the Secretary. The Secretary shall approve
the partition plan if he finds it to be fair, reasonable
and equitable to the Individual Indian owners of the
restricted interests.
(4) APPROVAL OF ELECTION OR SALE.—If the
tract consists of wholly or partially undivided re-
stricted interests, the court may approve an election
by any undivided interest owner to take the property
at the full appraised value pursuant to the laws of
the State of Oklahoma governing partitions in effect
on the effective date of this Act or, if there is no
such election, to approve the sale of the property at
public auction for no less than two-thirds of the ap-
praised value pursuant to such laws of the State of
Oklahoma.
(5) DETERMINATION
OF
VALUE.—The Sec-
retary shall determine the value of the property and
submit an appraisal to the court. If the value of the
property determined by the Secretary is greater than
the valuation or appraisement of the property made
pursuant to law of the State of Oklahoma, the court
shall set a hearing at which time the Secretary and
any other party shall be afforded an opportunity to
present evidence regarding the value of the property,
following which the court may accept the Secretary’s
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valuation, or accept the valuation and appraisement
made pursuant to law of the State of Oklahoma, or
order a new valuation and appraisement pursuant to
law of the State of Oklahoma.
(b) PAYMENT TO NONCONSENTING OWNERS OF RE-
STRICTED INTERESTS.—Nonconsenting owners of undi-
vided restricted interests shall receive for the sale of such
interests their proportionate share of the greater of—
(1) the proceeds paid at the partition sale; or
(2) an amount equal to 90 percent of the ap-
praised value of the tract.
(c) COSTS.—A nonconsenting Individual Indian
owner of restricted interests shall not be liable for any fil-
ing fees or costs of an action under this section, including
the cost of an appraisal, advertisement, and sale, and no
such costs shall be charged against such nonconsenting
owner’s share of the proceeds of sale.
(d) DEADLINE.—No action for the involuntary parti-
tion of property shall be maintained under this section un-
less it is filed within 10 years after the effective date of
this Act.
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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
THE
SECRETARY.—If
the Secretary elects to participate in an action as
provided for under paragraph (1), the responsive
pleading of the Secretary shall be made not later
than 20 days after the Secretary receives the notice
required under subsection (c), or within such ex-
tended 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
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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
landowners, who shall be necessary and indispen-
sable 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
Secretary not later than 10 days after the filing of
any such petition or complaint or any such amended
petition or complaint.
(2) FILING WITH CLERK.—At least one dupli-
cate original of any notice served under paragraph
(1) shall be filed with the clerk of the court in which
the action is pending.
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paragraph (1) be bound, or title to the restricted
property be affected, unless written notice is served
upon the Secretary as required under this sub-
section.
(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
a 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 a United States
district court, together with the certified copy of the
pleadings in such action as served on the Secretary
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 proceed no further in said suit.
(3) PLEADINGS.—Not later than 20 days after
the filing of a notice under paragraph (1), the copy
of the pleadings involved (as provided under such
paragraph) shall be entered in the United States dis-
trict court and the defendants and intervenors in
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such action shall, not later than 20 days after the
pleadings are so entered, file a responsive 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 United States district
court, and its judgment may be reviewed by certio-
rari, 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
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to promulgate such regulations shall not limit or delay the
effect of this Act.
SEC. 402. VALIDATION OF CERTAIN TRANSACTIONS; SAV-
INGS CLAUSE.
(a) VALIDATION
OF
CERTAIN
TITLE
TRANS-
ACTIONS.—Any person having the legal capacity to own
real property in the State of Oklahoma who claims owner-
ship of an interest in such property through an unbroken
chain of title of record, the title to which interest is or
may be defective as a result of any transaction described
in paragraphs (1) through (5) of this subsection that oc-
curred in such chain of title, may cure the defect in title
and validate the transaction by following the procedures
of this section. When all conditions and requirements of
this section have been met, and if no notice of objection
has been timely filed by the Secretary under subsection
(c) or by any other person under subsection (f), the trans-
action shall be validated and shall not be considered a de-
fect in the muniments of title but only insofar as the de-
fect is based on or arises from Federal statutes applicable
to the conveyance or inheritance of restricted property in
effect at the time of the transaction. The transactions re-
ferred to in this subsection are the following:
(1) Any probate order issued by a county court
of the State of Oklahoma prior to the effective date
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of the Act of June 14, 1918 (40 Stat. 606) pur-
porting to probate the estate of an Individual Indian
who died owning property which was subject to re-
strictions against alienation pursuant to Federal
statutes in effect at the time of issuance of such pro-
bate order.
(2) Any probate order issued by a county or
district court of the State of Oklahoma more than
30 years prior to the effective date of this Act pur-
porting to probate the estate of a deceased Indi-
vidual Indian who died owning property which was
subject to restrictions against alienation pursuant to
Federal law in effect at the time of issuance of such
probate order, where notice was not given as re-
quired by Federal statutes in effect at the time.
(3) Any conveyance of record, including an oil
and gas or mineral lease, of an interest in property
which was subject to restrictions against alienation
pursuant to Federal statutes in effect at the time of
the conveyance executed by a person who was an
heir or purported heir of the Individual Indian dece-
dent who owned such property at the time of his
death, if such conveyance was approved by a county
or district court in Oklahoma more than 30 years
before the effective date of this Act but where no ju-
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dicial or administrative order of record was issued
before or after such approval finding that such per-
son was in fact the heir to the interest conveyed.
(4) Any conveyance of record, including an oil
and gas or mineral lease, of individual trust property
or property which was subject to restrictions against
alienation pursuant to Federal statutes in effect at
the time of the conveyance that was approved by a
county or district court in Oklahoma or by the Sec-
retary more than 30 years before the effective date
of this Act, where—
(A) approval was not in compliance with
the notice requirements of Federal statutes gov-
erning the conveyance of said individual trust
property or said restricted property; or
(B) approval was given by a county or dis-
trict court in Oklahoma of a conveyance of the
property by a personal representative in a pro-
bate action over which said county or district
court possessed jurisdiction, without compliance
with Federal statutes governing the conveyance
of the property in effect at the time of the con-
veyance.
(5) Any conveyance of record, including an oil
and gas or mineral lease, of individual trust property
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or property which was subject to restrictions against
alienation pursuant to Federal statutes in effect at
the time of the conveyance that was approved by a
county or district court in Oklahoma or by the Sec-
retary at any time before the effective date of this
Act, where—
(A) approval was given by the Secretary
where the Federal statutes governing the con-
veyance of the property required approval by a
county or district court in Oklahoma; or
(B) approval was given by a county or dis-
trict court in Oklahoma where the Federal stat-
utes governing the conveyance of the property
in effect at the time of the conveyance required
approval of the Secretary.
(b) NOTICE OF CLAIM; SERVICE AND RECORDING.—
(1) NOTICE TO THE SECRETARY.—Any claim-
ant described in subsection (a) must serve written
notice of his or her claim by certified mail, return
receipt requested, on the Secretary, and file the no-
tice of claim, together with a copy of the return re-
ceipt showing delivery to the Secretary and filing in
the office of county clerk in the county or counties
wherein the property is located. The notice shall not
be complete for the purposes of this section until it
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has been served on the Secretary and filed of record
as herein provided. The notice of claim shall set
forth the following:
(A) The claimant’s name and mailing ad-
dress.
(B) An accurate and full description of all
property affected by such notice, which descrip-
tion shall be set forth in particular terms and
not be general inclusions; but if said claim is
founded upon a recorded instrument, then the
description in such notice may be the same as
that contained in such recorded instrument.
(C) A specific reference to or description of
each title transaction in the chain of title, in-
cluding the date of same, that the claimant is
attempting to validate pursuant to this section.
(D) A list of all documents of record that
are part of the claimant’s unbroken chain of
title, copies of which documents shall be served
with the notice.
(2) PUBLICATION NOTICE.—In addition to the
notice to the Secretary required under paragraph
(1), the claimant shall give notice by publication of
his or her claim to other persons who may claim
some interest in the property in accordance with this
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retary shall file the notice of objection or notice of exten-
sion of time in the office of the county clerk for the county
or counties wherein the property is located within 30 days
after the date of mailing of the notice to the claimant.
If the Secretary notifies the claimant that the Secretary
objects to the claim, such decision shall be final for the
Department and the claimant’s sole remedies shall be to
file an action to cure title defects pursuant to section 303
of this Act or to request a determination of heirs in ac-
cordance with section 302 of this Act.
(e) UNDISPUTED CLAIM.—If, in the exercise of dis-
cretionary authority pursuant to subsection (c), the Sec-
retary does not object to the claim, then the Secretary may
notify the claimant that the matter is not in dispute. Fail-
ure of the Secretary to notify the claimant of the Sec-
retary’s objection within the initial 60-day period, or with-
in the 60-day extension period if notice of an extension
was given, shall constitute acceptance of the claim. If the
Secretary notifies the claimant that the matter is not in
dispute or fails to file an objection to the claim of record
within the time required by subsection (d), the title trans-
action described in the claimant’s notice shall be deemed
validated and shall not be considered a defect in the
muniments of the claimant’s title based on or arising from
Federal statutes governing the conveyance of restricted
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property in effect at the time of the transaction, provided
that no written notice of objection is timely filed by other
parties in response to a notice published pursuant to sub-
section (b)(2) or in accordance with subsection (f).
(f) NOTICE OF OBJECTION BY OTHER PARTIES TO
APPLICABILITY OF THIS SECTION.—Any person claiming
ownership of an interest in property the record title to
which includes a title transaction described in subsection
(a) of this section may prevent the application of sub-
sections (a) through (e) to said interest by filing for record
in the office of the county clerk for the county or counties
wherein the property in question is located, no later than
3 years after the effective date of this Act, a written notice
of objection in the form of a declaration made under oath
setting forth the following:
(1) The declarant’s name and mailing address.
(2) An accurate and full description of all of
the declarant’s property interests to be affected by
such notice, which description shall be set forth in
particular terms and not be general inclusions; but
if said declarant’s claim to ownership is founded
upon a recorded instrument, then the description in
such notice may be the same as that contained in
such recorded instrument.
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(3) A statement that the declarant claims in
good faith to be the owner of an interest in the
property described in the notice and that the declar-
ant objects to the operation of this section with re-
spect to any title transaction that would otherwise
be subject to validation under this section.
(g) INTERESTS OF HEIRS OF LESS THAN HALF DE-
GREE BLOOD OF THE FIVE NATIONS.—Nothing in this
Act shall be construed to invalidate—
(1) any conveyance of record, including a sur-
face, oil and gas, or mineral lease, of an interest in
property made prior to the effective date of this Act
by an heir of a deceased Individual Indian without
district court approval where such heir was of less
than one-half degree of Indian blood, even though
the property was held in restricted status imme-
diately prior to the decedent Individual Indian’s
death; or
(2) any other encumbrance that attached prior
to the effective date of this Act to an interest in
property of an heir of a deceased Individual Indian
where such heir was of less than one-half degree of
Indian blood, even though the property was held in
restricted status immediately prior to the decedent
Individual Indian’s death.
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(h) TERMS.—For purposes of this section:
(1) A person shall be deemed to have an unbro-
ken chain of title when the official public records, in-
cluding probate and other official public records, as
well as records in the county clerk’s office, disclose
a conveyance or other title transaction of record not
less than 30 years prior to the effective date of this
Act, which said conveyance or other title transaction
purports to create such interest, either in—
(A) the person claiming such interest; or
(B) some other person from whom, by 1 or
more conveyances or other title transactions of
record, such purported interest has become
vested in the person claiming such interest;
with nothing appearing of record, in either case,
purporting to divest such claimant of such pur-
ported interest.
(2) The term recording, when applied to the of-
ficial public records of any officer or court, includes
filing with the officer or court.
SEC. 403. REPEALS.
(a) IN GENERAL.—The following provisions are re-
pealed:
(1) The Act of August 11, 1955 (69 Stat. 666,
chapter 786, 25 U.S.C. 355 note).
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(2) Sections 1 through 5, 7 through 9, and 11
through 13 of the Act of August 4, 1947 (61 Stat.
731, chapter 458, 25 U.S.C. 355 note).
(3) The Act of December 24, 1942 (56 Stat.
1080, Chapter 813).
(4) The Act of February 11, 1936 (25 U.S.C.
393a, Chapter 50).
(5) The Act of January 27, 1933 (47 Stat. 777,
chapter 23, 25 U.S.C. 355 note).
(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 (Chapter 101, 25 U.S.C. 375 and 355, respec-
tively).
(9) Sections 1 through 3 and 6 through 12 of
the Act of May 27, 1908 (35 Stat. 312, chapter
199).
(10) Sections 6, 11, 15, 18, 20, and 23 of the
Act of April 26, 1906 (34 Stat. 137, chapter 1876).
(b) TECHNICAL AMENDMENTS.—
(1) Section 28 of the Act of April 26, 1906 (34
Stat. 137, chapter 1876) is amended—
(A) by striking the first proviso; and
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(B) by striking ‘‘Provided further’’ and in-
serting ‘‘Provided’’.
(2) The Act of March 3, 1909, (35 Stat. 781,
783, chapter 263) is amended by striking ‘‘of the
Five Civilized Tribes and’’.
(3) Section 6 of the Act of August 4, 1947 (61
Stat. 733, chapter 458) is amended—
(A) in subsection (c), by inserting before
the final period the following: ‘‘: Provided fur-
ther, That any interest in restricted and tax-ex-
empt lands acquired by descent, devise, gift, ex-
change, partition, conveyance, or purchase with
restricted funds after the date of the enactment
of the Five Nations Indian Land Reform Act by
an Indian of the Five Civilized Tribes shall con-
tinue to be tax-exempt during the restricted pe-
riod’’; and
(B) in subsection (e), by striking the first
sentence.
(4) The Act of June 25, 1910 (25 U.S.C. sec-
tion 373) is amended by inserting at the beginning
of the last proviso the following: ‘‘Except as provided
in section 302(b) of the Five Nation Indian Land
Reform Act,’’.