106TH CONGRESS
2D SESSION
H. R. 5308
AN ACT
To amend laws relating to the lands of the citizens of the
Muscogee (Creek), Seminole, Cherokee, Chickasaw and
Choctaw Nations, historically referred to as the Five
Civilized Tribes, and for other purposes.
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 Citizens Land Reform Act of 2000’’.
(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. Purpose.
Sec. 4. Definitions.
TITLE I—RESTRICTIONS; REMOVAL OF RESTRICTIONS
Sec. 101. Restrictions on real property.
Sec. 102. Restricted funds.
Sec. 103. Period of restrictions.
Sec. 104. Removal of restrictions.
Sec. 105. Exemptions from prior claims.
Sec. 106. 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 conveyances of property to Indian
housing authorities.
Sec. 204. Administrative partition.
Sec. 205. Surface leases.
Sec. 206. Mineral leases.
Sec. 207. Management of mineral interests.
Sec. 208. Mortgages.
Sec. 209. Validation of prior conveyances.
TITLE III—PROBATE, HEIRSHIP DETERMINATION, AND OTHER
JUDICIAL PROCEEDINGS
Sec. 301. Actions affecting restricted property.
Sec. 302. Heirship determinations and probates.
Sec. 303. Actions to cure title defects.
Sec. 304. Involuntary partitions.
Sec. 305. Requirements for actions to cure title defects and involuntary parti-
tions.
Sec. 306. Pending State proceedings.
TITLE IV—MISCELLANEOUS
Sec. 401. Regulations.
Sec. 402. Repeals.
Sec. 403. Statutory construction.
Sec. 404. Representation by attorneys for the Department of the Interior.
TITLE V—WATER BASIN COMMISSION
Sec. 501. Water basin commission.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1970, Federal Indian policy has fo-
cused on 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 members of
the Five Nations is inconsistent 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 citizens.
(3) The exercise of Federal instrumentality ju-
risdiction by the courts of the State of Oklahoma
over conveyances and inheritance of restricted prop-
erty belonging to Indian citizens of the Five
Nations—
(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 Indian citizens and their
lands; and
(B) has impeded the self-determination
and economic self-sufficiency of Indian citizens
within the exterior boundaries of the Five Na-
tions.
SEC. 3. PURPOSE.
(a) IN GENERAL.—It is the purpose of this Act to—
(1) correct the disparate Federal treatment of
individual allotted lands of Indian citizens of the
Five Nations that resulted from prior Federal legis-
lation by equalizing the Federal legislative treatment
of restricted and trust lands;
(2) eliminate unnecessary legal and bureau-
cratic obstacles that impede the highest and best use
of restricted property belonging to Indian citizens of
the Five Nations;
(3) provide for an efficient process for the ad-
ministrative review and approval of conveyances, vol-
untary 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 Indian citizens, which concern
the rights of Indian citizens to hold and acquire
such property in restricted and trust status; and
(4) transfer to the Secretary the Federal instru-
mentality jurisdiction of the Oklahoma State courts
together with other authority currently exercised by
such courts over the conveyance, devise, inheritance,
lease, encumbrance, and partition under certain cir-
cumstances of restricted property belonging to In-
dian citizens of the Five Nations.
(b) RULE OF CONSTRUCTION.—Nothing in this Act
shall be construed to limit or affect the rights of Indian
citizens under other Federal laws relating to the acquisi-
tion and status of trust property, including without limita-
tion, the Act of June 18, 1934 (25 U.S.C. 461 et seq.)
(commonly known as the Indian Reorganization Act), the
Act of June 26, 1936 (25 U.S.C. 501 et seq.) (commonly
known as the Oklahoma Indian Welfare Act), the Indian
Land Consolidation Act (25 U.S.C. 2201 et seq.), and reg-
ulations relating to the Secretary’s authority to acquire
lands in trust for Indians and Indian tribes.
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 are historically referred to as the
‘‘Five Civilized Tribes’’.
(2) INDIAN
CITIZEN.—The term ‘‘Indian cit-
izen’’ means a member or citizen of one of the indi-
vidual Five Nations referred to in paragraph (1), or
an individual who is determined by the Secretary to
be a lineal descendent by blood of an Indian ances-
tor enrolled on the final Indian rolls of the Five Civ-
ilized Tribes closed in 1906.
(3) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ has the meaning given that term in section
1151 of title 18, United States Code, which includes
restricted property and trust property (as such
terms are defined in this Act).
(4) INDIAN
NATION.—The term ‘‘Indian Na-
tion’’ means one of the individual Five Nations re-
ferred to in paragraph (1).
(5) REGIONAL
OFFICE.—The term ‘‘Regional
Office’’ means the Eastern Oklahoma Regional Of-
fice of the Bureau of Indian Affairs, or any suc-
cessor office within the Department of Interior.
(6) RESTRICTED
PROPERTY.—The term ‘‘re-
stricted property’’ means any right, title or interest
in real property owned by an Indian citizen that is
subject to a restriction against alienation, lease,
mortgage, and other encumbrances imposed by this
Act and other laws of the United States expressly