applicable to the property of enrollees and lineal de-
scendants of enrollees on the final Indian rolls of the
Five Civilized Tribes in 1906, and includes those in-
terests in property that were subject to a restriction
against alienation imposed by the United States on
the ownership of an Indian citizen who died prior to
the effective date of this Act (subject to valid exist-
ing rights) but whose interest had not, as of the ef-
fective date of this Act, been the subject of a final
order determining heirs by a State district court or
a United States District Court, or been conveyed by
putative heirs by deed approved in State district
court, except that such term shall not include Indian
trust allotments made pursuant to the General Allot-
ment Act (25 U.S.C. 331 et seq.) or any other trust
property.
(7) SECRETARY.—The term ‘‘Secretary’’ means
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
Indian citizen or an Indian Nation.
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, lease, mortgage, and other
encumbrances, regardless of the degree of Indian blood of
the Indian citizen who owns such property.
(b) CONTINUATION.—The restrictions made applica-
ble under subsection (a) shall continue with respect to re-
stricted property upon the acquisition of such property by
an Indian citizen by inheritance, devise, gift, exchange,
election to take at partition, or by purchase.
SEC. 102. RESTRICTED 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 are declared to be restricted and
shall remain subject to the jurisdiction of the Secretary
until or unless otherwise provided for by Federal law.
(b) USE OF FUNDS.—Funds, securities, and proceeds
described in subsection (a) may be released or expended
by the Secretary for the use and benefit of the Indian citi-
zens to whom such funds, securities, and proceeds belong,
as provided for by Federal law.
SEC. 103. PERIOD OF RESTRICTIONS.
Subject to the provisions of this Act that permit re-
strictions to be removed, the period of restriction against
alienation, lease, mortgage, or other encumbrance of re-
stricted property and funds belonging to Indian citizens,
is hereby extended until an Act of Congress determines
otherwise.
SEC. 104. REMOVAL OF RESTRICTIONS.
(a) PROCEDURE.—
(1) APPLICATION.—An Indian citizen who owns
restricted property, or the legal guardian of a minor
Indian citizen or an Indian citizen who has been de-
termined 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 restricted property
held by such Indian citizen.
(2) CONSIDERATION OF APPLICATION.—An ap-
plication under paragraph (1) shall be considered by
the Secretary only as to the tract, tracts, or severed
mineral or surface interest described in the applica-
tion. Not later than 90 days after the date on which
an application is submitted, the Secretary shall ei-
ther issue the removal order or disapprove of the ap-
plication.
(3) DISAPPROVAL.—The Secretary shall dis-
approve an application under paragraph (1) 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 Indian citizen owner’s best in-
terest.
(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.—Prior to or on 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 through acquisition of ownership by
an individual or entity who is not an Indian citizen or by
removal of restrictions pursuant to this section.
(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. 105. 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. 106. FRACTIONAL INTERESTS.
Upon application by an Indian citizen owner of an
undivided unrestricted interest in property of which a por-
tion of the interests in such property are restricted as of
the effective date of this Act, the Secretary is authorized
to convert that unrestricted interest into restricted status
if all of the interests in the property are owned by Indian
citizens as tenants in common as of the date of the appli-
cation under this section.
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
Indian citizen or by any guardian or conservator of any
Indian citizen who is a ward in any guardianship or con-
servatorship proceeding pending in any court of competent
jurisdiction, except that petitions for such approvals that
are filed in Oklahoma district courts prior to the effective
date of this Act may be heard and approved by such courts
pursuant to the procedures described in section 1 of the
Act of August 4, 1947 (61 Stat. 731, chapter 458), as
in effect on the day before the effective date of this Act,
if the Indian citizen does not revoke in writing his or her
consent to the conveyance or lease prior to final court ap-
proval.
SEC. 202. APPROVAL OF CONVEYANCES.
(a) PROCEDURE.—
(1) IN GENERAL.—Except as provided in sub-
section (b), restricted property may be conveyed by
an Indian citizen pursuant to the procedures de-
scribed in this subsection.
(2) REQUIREMENTS.—An Indian citizen may
only convey restricted property—
(A) after the property is appraised;
(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.
(b) EXCEPTION.—
(1) IN GENERAL.—Notwithstanding subsection
(a)(2), an Indian citizen may convey his or her re-
stricted property, or any portion thereof, to any of
the individuals or entities described in paragraph (2)
without soliciting bids, providing notice, or for con-
sideration which is less than the appraised value of
the property, if the Secretary determines that the
conveyance is not contrary to the best interests of
the Indian citizen and that the Indian citizen has
been duly informed of and understands the fair mar-
ket appraisal, and is not being coerced into the con-
veyance.
(2) INDIVIDUALS
AND
ENTITIES.—An indi-
vidual or entity described in this paragraph is—
(A) the Indian citizen’s spouse (if he or
she is and Indian citizen), father, mother, son,
daughter, brother or sister, or other lineal de-
scendent, aunt or uncle, cousin, niece or neph-
ew, or Indian co-owner; or
(B) the Indian Nation whose last treaty
boundaries encompassed the restricted property
involved so long as the appraisal of the property
was conducted by an independent appraiser not
subject to the Indian Nation’s control.
(c) STATUS.—Restricted property that is acquired by
an Indian Nation whose last treaty boundaries encom-
passed the restricted property shall continue to be Indian
country. Upon application by the Indian Nation, the Sec-
retary shall accept title to such property in trust by the
United States for the benefit of the Indian Nation, except
that the Secretary may first require elimination of any ex-
isting liens or other encumbrances in order to comply with
applicable Federal title standards. The Secretary shall ac-
cept title to the property in trust for the Indian Nation
only if, after conducting a survey for hazardous sub-
stances, he determines that there is no evidence of such
substances on the property.
SEC. 203. REIMPOSITION OF RESTRICTIONS ON CONVEY-
ANCES OF PROPERTY TO INDIAN HOUSING
AUTHORITIES.
(a) IN GENERAL.—In any case where the restrictions
have been removed from restricted property for the pur-
pose of allowing conveyances of the property to Indian
housing authorities to enable such authorities to build
homes for individual owners or relatives of owners of re-
stricted property, the Secretary shall issue a Certificate
of Restricted Status describing the property and imposing
restrictions thereon upon written request by the Indian
citizen homebuyer or a successor Indian citizen home-
buyer. Such request shall include evidence satisfactory to
the Secretary that the homebuyer’s contract has been paid
in full and be delivered to the Regional Office not later
than 3 years after the housing authority conveys such
property back to the original Indian citizen homebuyer or
a successor Indian citizen homebuyer who is a citizen of
the Nation whose last treaty boundaries encompass the
property where the home is located.
(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.—In-
dian citizen homebuyers described in subsection (a) who
acquired ownership of property prior to the effective date
of this Act shall have 3 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 Indian
citizens described in this section under other Federal laws
and regulations relating to the acquisition and status of
trust property.
SEC. 204. ADMINISTRATIVE PARTITION.
(a) JURISDICTION.—Except as provided in section
304, the Secretary shall have exclusive jurisdiction to ap-
prove the partition of property located within the last trea-
ty boundaries of 1 or more of the Five Nations, all of
which is held in common, in trust or in restricted status,
by more than 1 Indian citizen owner, if the requirements
of this section are complied with. The Secretary may ap-
prove the voluntary partition of property consisting of
both restricted and unrestricted undivided interests if all
owners of the unrestricted interests consent to such ap-
proval in writing.
(b) PARTITION WITHOUT APPLICATION.—If the Sec-
retary determines that any property described in sub-
section (a) is capable of partition in kind to the advantage
of the owners, the Secretary may initiate partition of the
property by—
(1) notifying the owners of such determination;
(2) providing the owners with a partition plan
for such property; and
(3) affording the owners a reasonable time to
respond, object, or consent to the proposal, in ac-
cordance with subsection (d).
(c) APPLICATION FOR PARTITION.—
(1) IN GENERAL.—An owner or owners of an
undivided interest in any property described in sub-
section (a) may make written application, on a form
approved by the Secretary, for the partition of their
trust or restricted property.
(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
subsection (d).
(d) PARTITION PROCEDURES.—
(1) PROPOSED LAND DIVISION PLAN.—The Sec-
retary shall give applicants under subsection (c) and
nonpetitioning owners of property subject to parti-
tion under this section with a reasonable opportunity
to negotiate a proposed 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 re-
lated to partition of the property under this section.
(2) APPROVAL.—If a plan under paragraph (1)
is approved by—
(A) Indian citizen owners of more than 50
percent of the property which is entirely in
trust status (as distinguished from restricted
status) and if the Secretary finds the plan to be
reasonable, fair and equitable, the Secretary
shall issue an order partitioning the trust prop-
erty in kind; or
(B) the Indian citizens who own more than
50 percent of the undivided interests which are
held in restricted status (as distinguished from
trust status) and if the Secretary finds the plan
to be reasonable, fair and equitable, the Sec-
retary may attempt to negotiate for partition in
kind or for sale of all or a portion of the prop-
erty, and secure deeds from all interest owners,
subject to the Secretary’s approval.
(3) LIMITATION.—No partition under para-
graph (2)(B) shall be effected unless all of the own-
ers have consented to the plan in writing.
SEC. 205. SURFACE LEASES.
The surface of restricted property may be leased by
an Indian citizen pursuant to the Act of August 9, 1955
(25 U.S.C. 415 et seq.), except that the Secretary may
approve any agricultural lease or permit with respect to
restricted property in accordance with the provisions of
section 105 of the American Indian Agricultural Resource
Management Act (25 U.S.C. 3715).
SEC. 206. MINERAL LEASES.
(a) APPROVAL.—
(1) GENERAL
RULE.—No mineral lease or
agreement purporting to convey or create any inter-
est in restricted or trust property that is entered
into or reentered into after the effective date of this
Act shall be valid unless approved by the Secretary.
(2) REQUIREMENTS.—The Secretary may ap-
prove a mineral lease or agreement described in
paragraph (1) only if—
(A) the owners of a majority of the undi-
vided interest in the restricted or trust mineral
estate that is the subject of the mineral lease
or agreement (including any interest covered 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 Indian citizen owners of the restricted
or trust mineral interests; and
(C) the Secretary has accepted the highest
bid for such lease or agreement after a competi-
tive bidding process has been conducted by the
Secretary, unless the Secretary has determined
that it is in the best interest of the Indian cit-
izen to award a lease made by negotiation, and
the Indian citizen so consents.
(b) EFFECT OF APPROVAL.—Upon the approval of
a mineral lease or agreement by the Secretary under sub-
section (a), the lease or agreement shall be binding upon
all owners of the restricted or trust undivided interests
subject to the lease or agreement (including any interest
owned by an Indian tribe) and all other parties to the lease
or agreement, to the same extent as if all of the Indian
citizen 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 Indian citizen 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
to such rules and regulations as may be promulgated by
the Secretary.
(e) COMMUNITIZATION AGREEMENTS.—No unleased
restricted or trust property located within a spacing and
drilling unit approved by the Oklahoma Corporation Com-
mission may be drained of any oil or gas by a well within
such unit without a communitization agreement prepared
and approved by the Secretary, except that in the event
of any such drainage without a communitization agree-
ment approved by the Secretary, 100 percent of all reve-
nues derived from the production from any such restricted
or trust property shall be paid to the Indian citizen owner
free of all lifting and other production costs.
SEC. 207. MANAGEMENT OF MINERAL INTERESTS.
(a) OIL AND GAS CONSERVATION LAWS.—
(1) IN GENERAL.—The oil and gas conservation
laws of the State of Oklahoma shall apply to re-
stricted property.
(2) ENFORCEMENT.—The Oklahoma Corpora-
tion Commission shall have the authority to perform
ministerial functions related to the enforcement of
the laws referred to in paragraph (1), including en-
forcement actions against well operators, except that
no order of the Corporation Commission affecting
restricted Indian property shall be valid as to such
property until such order is submitted to and ap-
proved by the Secretary.
(3) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to limit the authority
of the Indian Nations to protect the environment
and natural resources of restricted property.
(b) IMPLEMENTATION OF FEDERAL OIL AND GAS
ROYALTY MANAGEMENT ACT.—Beginning on the effective
date of this Act, the Regional Office shall assume all the
duties and responsibilities of the Secretary under the Fed-
eral 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);
(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 Indian citizen may mortgage restricted property
only in accordance with and under the authority of the
Act of March 29, 1956 (25 U.S.C. 483a), or other Federal
laws applicable to the mortgaging of individual Indian
trust property or restricted property.
SEC. 209. VALIDATION OF PRIOR CONVEYANCES.
All conveyances, including oil and gas or mineral
leases, of restricted property and trust property made
after the effective date of the Act of June 26, 1936 (25
U.S.C. 501 et seq.) (commonly known as the Oklahoma
Indian Welfare Act) and prior to the effective date of this
Act, that were approved by a county or district court in
Oklahoma are hereby validated and confirmed, unless such
conveyance is determined by a court of competent jurisdic-
tion to be invalid upon grounds other than authority to
approve, sufficiency of approval, or lack of approval there-
of.
TITLE III—PROBATE, HEIRSHIP
DETERMINATION, AND OTHER
JUDICIAL PROCEEDINGS
SEC. 301. ACTIONS AFFECTING RESTRICTED PROPERTY.
The courts of the State of Oklahoma shall not have
jurisdiction over actions affecting title to, or use or dis-
position of, trust property or restricted property except as
authorized by this Act or by other Federal laws applicable
to trust property or restricted property.
SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.
(a) JURISDICTION.—Except as provided in section
306, the Secretary shall have exclusive jurisdiction, acting
through an Administrative Law Judge or other official
designated by the Secretary, to probate wills or otherwise
determine heirs of deceased Indian citizens and to adju-
dicate all such estate actions to the extent that they in-
volve individual trust property, restricted property, or re-
stricted or trust funds or securities held or supervised by
the Secretary derived from such property.
(b) GOVERNING LAWS.—Notwithstanding any other
provision of law, the Administrative Law Judge or other
official designated by the Secretary shall exercise the Sec-
retary’s jurisdiction and authority under this section in
accordance with the Indian Land Consolidation Act (25
U.S.C. 2201 et seq.) and such rules and regulations which
heretofore have been, or will be, prescribed by the Sec-
retary for the probate of wills, determination of heirs, and
distribution of property in estates of Indian decedents,
subject to the following requirements:
(1) LAW APPLICABLE TO ESTATES OF INDIAN
CITIZEN DECEDENTS WHO DIED PRIOR TO EFFEC-
TIVE
DATE.—The Administrative Law Judge or
other official designated by the Secretary shall apply
the laws of descent and distribution of the State of
Oklahoma contained in title 84 of the Oklahoma
Statutes, chapter 4, to all restricted property, trust
property, and all restricted or trust funds or securi-
ties derived from such property in the estates of de-
ceased Indian citizens who died intestate prior to the
effective date of this Act.
(2) LAW
APPLICABLE
TO
WILLS
EXECUTED
PRIOR
TO
EFFECTIVE
DATE.—The Administrative
Law Judge or other official designated by the Sec-
retary shall determine the validity and effect of wills
as to estates containing trust property or restricted
property when such wills were executed by Indian
citizens prior to the effective date of this Act, in ac-
cordance with the laws of the State of Oklahoma
governing the validity and effect of wills, provided
that the will of a full-blood Indian citizen which dis-
inherits the parent, wife, spouse, or children of such
citizen shall not be valid with respect to the disposi-
tion 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.
(3) LAW
APPLICABLE
TO
WILLS
EXECUTED
AFTER EFFECTIVE DATE.—
(A) IN GENERAL.—Any Indian citizen who
has attained age 18 and owns restricted prop-
erty or trust property shall have the right to
dispose of such property by will, executed on or
after the effective date of this Act in accordance
with regulations which heretofore have been, or
will be, prescribed by the Secretary for the pro-
bate of wills, provided—
(i) no will so executed shall be valid or
have any force or effect unless and until
such will has been approved by the Sec-
retary; and
(ii) that the Secretary may approve or
disapprove such will either before or after
the death of the Indian citizen testator.
(B) FRAUD.—In any case where a will has
been approved by the Secretary under subpara-
graph (A) and it is subsequently discovered that
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 in accordance with the Secretary’s
rules and regulations applicable to estates of
Indian decedents who die intestate.
(4) 
FEDERAL
LAW
CONTROLS.—Notwith-
standing any other provision of this section, Federal
law governing personal claims against a deceased In-
dian citizen or against trust property or restricted
property, including the restrictions imposed by this
Act or other applicable Federal law against the
alienation, lease, mortgage, or other encumbrance of
trust property or restricted property shall apply to
all such property contained in the estate of the de-
ceased Indian citizen.
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-
fects affecting the marketability of title to restricted prop-
erty, except that all such actions shall be subject to the
requirements of section 305.
(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
not later than 2 years after the effective date of this
Act if the 15-year period for acquiring title by ad-
verse possession has run in full prior to the effective
date of this Act and the procedures set forth in sec-
tion 305 shall be followed.
(c) HEIRSHIP
DETERMINATIONS
AND
DISPOSI-
TIONS.—Nothing in this section shall be construed to au-
thorize a determination of heirs in a quiet title action in
Federal or State court in derogation of the Secretary’s ex-
clusive jurisdiction to probate wills or otherwise determine
heirs of the deceased Indian citizens owning restricted
property and to adjudicate all such estate actions involving
restricted property pursuant to section 302, or in deroga-
tion of the Secretary’s exclusive jurisdiction over the dis-
position of restricted property under this Act.
SEC. 304. INVOLUNTARY PARTITIONS.
(a) JURISDICTION.—The United States district
courts in the State of Oklahoma and the State courts of
Oklahoma shall retain jurisdiction over actions for the in-
voluntary partition of property consisting entirely or par-
tially of undivided restricted interests, subject to the provi-
sions of subsections (b) through (e) and the requirements
in section 306.
(b) APPLICABLE LAW.—The laws of the State of
Oklahoma governing the partition of property shall be ap-
plicable to all actions for involuntary partition under this
section, except to the extent that any such laws are in
conflict with any provisions of this Act.
(c) PETITION: CONSENT OF OWNERS OF MAJORITY
OF UNDIVIDED INTERESTS.—Any person who owns an
undivided interest in a tract of property described in sub-
section (a) may file an action in the district court of the
State of Oklahoma for the county wherein the tract is lo-
cated for the involuntary partition of such tract. The court
shall not grant the petition unless the owner or owners
of more than 50 percent of the tract consent to the parti-
tion in the verified petition or verified answer filed in the
action.
(d) 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 100 percent of the ap-
praised value of the tract.
(e) COSTS.—The petitioning party in an action under
this section shall pay the filing fees and all other costs
of the action, including the cost of an appraisal, advertise-
ment, and sale.