IB
Union Calendar No. 299
107TH CONGRESS
2D SESSION
H. R. 2880
[Report No. 107–499]
To amend laws relating to the lands of the citizens of the Muscogee (Creek),
Seminole, Cherokee, Chickasaw, and Choctaw Nations, historically re-
ferred to as the Five Civilized Tribes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 12 (legislative day, SEPTEMBER 11), 2001
Mr. WATKINS of Oklahoma (for himself, Mr. CARSON of Oklahoma, Mr. KIL-
DEE, and Mr. CONDIT) introduced the following bill; which was referred
to the Committee on Resources
JUNE 11, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 12, 2001]
A BILL
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 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 restricted
property.
Sec. 103. Restricted 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 IN-
TERESTS
Sec. 201. Approval authority for conveyances and leases.
Sec. 202. Approval of conveyances.
Sec. 203. Reimposition of restrictions on conveyances of property to Indian hous-
ing 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.
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. 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. 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 instrumentality
jurisdiction by the Oklahoma State courts over the In-
dian property that is subject to Federal restrictions
against alienation belonging to enrollees and descend-
ants of enrollees whose names appear on the final
1906 Indian rolls of the Muscogee (Creek), Seminole,
Cherokee, Chickasaw, and Choctaw Nations, histori-
cally referred to as the Five Civilized Tribes, but now
referred to as 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 people.
(3) The exercise of Federal instrumentality juris-
diction by the courts of the State of Oklahoma over
conveyances and inheritance of restricted property be-
longing to Individual Indians—
(A) is costly, confusing, and cumbersome,
and effectively prevents any meaningful Indian
estate planning, and unduly complicates the pro-
bating 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 Indians
within the exterior boundaries of the Five Na-
tions.
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 ad-
ministrative review and approval of conveyances, vol-
untary partitions, and leases, and to provide for Fed-
eral administrative proceedings in testate and intes-
tate probate and other cases that involve the restricted
property of Individual Indians, which concern the
rights of Individual Indians to hold and acquire 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 belong-
ing 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 re-
stricted property and trust property (as such terms
are defined in this Act).
(3) INDIAN NATION.—The term ‘‘Indian Nation’’
means one of the individual Five Nations referred to
in paragraph (1).
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
the meaning given that term in section 4(e) of the In-
dian Self-Determination and Education Assistance
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 closed in 1906, or an individual who is
a lineal descendant by blood of an Indian ancestor
enrolled on the final Indian rolls of the Five Civilized
Tribes closed in 1906, regardless of whether such per-
son is an enrolled member of one of the Five Nations.
(6) RESTRICTED PROPERTY.—(A) The term ‘‘re-
stricted property’’ means any right, title, or interest
in real property owned by an Individual Indian that
is subject to a restriction against alienation, convey-
ance, lease, mortgage, creation of liens, or other en-
cumbrances imposed by this Act and other laws of the
United States expressly applicable to the property of
enrollees and lineal descendants of enrollees on the
final Indian rolls of the Five Civilized Tribes in
1906.
(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 approval
of removal of restrictions.
(C) The term ‘‘restricted property’’ does not in-
clude Indian trust allotments made pursuant to the
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 Indi-
vidual 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 ‘‘In-
dian 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 bound-
aries 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 restric-
tions against alienation, conveyance, lease, mortgage, cre-
ation of liens, or other encumbrances, regardless of the de-
gree of Indian blood of the Individual Indian who owns
such property.
(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, in-
cluding 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 trans-
ferring such restricted property, the Individual
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 prop-
erty 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 said
deed by the Secretary that the requirements 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 prop-
erty pursuant to section 3 of the Act of March 3, 1901 (25
U.S.C. 357) or other Federal laws generally applicable to
the condemnation of Indian trust or restricted property,
any proceeds from such conveyance or condemnation shall
be used to purchase from a willing seller other property des-
ignated by such Individual Indian, and such designated
property shall be restricted property if—
(1) such proceeds were deposited into a seg-
regated account in a trust fund under the supervision
of the Secretary at the request of the Individual In-
dian;
(2) such Individual Indian provides a written
request to the Secretary for payment of all or a por-
tion of such proceeds for purchase of property to be
held in restricted status;
(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 Sec-
retary that the requirements of this section have been
met; and
(5) such property is located within the State of
Oklahoma.
(b) FAIR MARKET VALUE IN EXCESS OF PROCEEDS.—
If the fair market value of any property designated under
subsection (a) exceeds the amount of proceeds that are de-
rived from the conveyance or condemnation involved, a spe-
cific tract of land within the property shall be designated
by the Individual Indian for placement in restricted status.
The size of the restricted tract of land so designated shall
be in the same proportion to the whole of the property as
the proceeds derived from the conveyance or condemnation
bears to the fair market value of the whole of the property.
Such restrictions shall appear on the face of the deed with
certification by the Secretary describing that portion of the
property which is subject to restrictions.
(c) RULE OF CONSTRUCTION.—The provisions of sub-
sections (a) and (b) of this section shall apply to the rein-
vestment of proceeds derived from the conveyance or con-
demnation of restricted property of an Individual Indian
pursuant to the Act of March 2, 1931, as amended by the
Act of June 30, 1932 (25 U.S.C. 409a), where such reinvest-
ment occurs after the effective date of this Act.
SEC. 103. RESTRICTED FUNDS.
(a) IN GENERAL.—All funds and securities held or su-
pervised by the Secretary derived from restricted property
or Individual Indian trust property on or after the effective
date of this Act, including proceeds from any conveyance
or condemnation as provided for in section 102, are deemed
to be restricted 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 or expended by
the Secretary for the use and benefit of the Individual Indi-
ans to whom such funds, securities, and proceeds belong,
under such rules and regulations as the Secretary may pre-
scribe.
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 belong-
ing 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 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 re-
moving restrictions on any interest in restricted prop-
erty owned by such Individual Indian.
(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 either
issue the removal order or disapprove the application.
(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 otherwise
not in the Individual Indian owner’s best inter-
est.
(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 re-
moved.
(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
this Act.
(d) RULE OF CONSTRUCTION.—Nothing in this section
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 property.
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 forthwith
convert that unrestricted interest into restricted status if all
of the interests in the property are owned by Individual
Indians as tenants in common as of the date of the applica-
tion under this section. The conversion into restricted status
shall be effective upon the date of filing of a restricted form
deed with the county clerk of the county where the property
is situated; provided that such deed must be executed 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 com-
petent jurisdiction, except that petitions for such approvals
that are filed in Oklahoma district courts prior to the effec-
tive date of this Act shall be heard and adjudicated 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, un-
less the Individual Indian, guardian, or conservator dis-
misses the petition or otherwise objects to the conveyance
or lease prior to final court approval.
SEC. 202. APPROVAL OF CONVEYANCES.
(a) PROCEDURE.—
(1) IN GENERAL.—Except as provided in sub-
section (b), restricted property may be conveyed by an
Individual Indian pursuant to the procedures de-
scribed in this subsection.
(2) REQUIREMENTS.—An Individual Indian
may only convey restricted property—
(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.
(b) EXCEPTION.—
(1) IN
GENERAL.—Notwithstanding subsection
(a)(2), an Individual Indian may convey his or her
restricted property, or any portion thereof, 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 determines that the conveyance is not
contrary to the best interests of the Individual Indian
and that the Individual Indian has been duly in-
formed of and understands the fair market appraisal,
and is not being coerced into the conveyance.
(2) INDIVIDUALS.—An individual described in
this paragraph is the Individual Indian spouse (if he
or she is an Individual Indian, father, mother, broth-
er or sister, son, daughter or other lineal descendant,
aunt or uncle, cousin, niece or nephew, or Individual
Indian co-owner.
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 purpose
of allowing conveyances of the property to Indian housing
authorities to enable such authorities to build homes for in-
dividual owners or relatives of owners of restricted prop-
erty, the Secretary shall issue a Certificate of Restricted
Status describing the property and imposing restrictions
thereon upon written request by the Individual Indian
homebuyer or a successor Individual Indian homebuyer.
Such request shall include evidence satisfactory to the Sec-
retary that the homebuyer’s contract has been paid in full
and be delivered to the Secretary not later than 3 years
after the housing authority conveys such property back to
the original Individual Indian homebuyer or an Individual
Indian assignee or successor of the original Individual In-
dian homebuyer.
(b) EXISTING LIENS.—Prior to issuing a certificate
under subsection (a) with respect to property, the Secretary
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 3 years from such effective date to
request that the Secretary issue a certificate under such sub-
section.
(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
and regulations relating to the acquisition and status of
trust property.
SEC. 204. ADMINISTRATIVE APPROVAL OF PARTITION IN
KIND.
(a) JURISDICTION.—
(1) IN GENERAL.—The Secretary shall have ex-
clusive jurisdiction to approve the partition in kind
of property, where—
(A) all of said property is held in trust or
restricted status in common ownership by more
than 1 Individual Indian owner;
(B) all owners consent to the partition in
writing; and
(C) all other requirements of subsections (b)
and (c) are met.
(2) VOLUNTARY PARTITION IN KIND.—The Sec-
retary shall have jurisdiction to approve the vol-
untary partition in kind of property consisting of
both restricted and unrestricted, or both trust and
nontrust, undivided interests if all owners consent to
such partition in kind in writing.
(b) APPLICATION FOR PARTITION.—
(1) IN GENERAL.—An owner or owners of an un-
divided interest in any property described in sub-
section (a) may make written application, on a form
approved by the Secretary, for the partition in kind
of their trust or restricted property.
(2) DETERMINATION.—If, based on an applica-
tion submitted under paragraph (1), the Secretary de-
termines that the property involved is susceptible to
partition in kind, the Secretary shall initiate parti-
tion of the property by—
(A) notifying the owners of such determina-
tion;
(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 (c).
(c) PARTITION PROCEDURES.—
(1) PROPOSED LAND DIVISION PLAN.—The Sec-
retary shall give applicants under subsection (b) and
all other owners of property subject to a partition ap-
plication under this section with a reasonable oppor-
tunity 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 related
to partition in kind of the property under this sec-
tion.
(2) APPROVAL.—The Secretary may attempt to
negotiate for partition in kind or for sale of all or a
portion of the property, and secure appropriate deeds
from all interest owners, subject to the Secretary’s ap-
proval, if a plan under paragraph (1) is approved
by—
(A) Individual Indian owners of more than
50 percent of the property which is entirely in
trust status (as distinguished from restricted sta-
tus) and if the Secretary finds the plan to be
reasonable, fair, and equitable, the Secretary
may issue an order partitioning the trust prop-
erty in kind; or
(B) any Individual Indian who owns an
undivided interest which is held in restricted sta-
tus (as distinguished from trust status) and if
the Secretary finds the plan to be reasonable,
fair, and equitable.
(3) LIMITATION.—No partition under paragraph
(2)(B) shall be effected unless all of the owners have
consented to the plan in writing.
SEC. 205. SURFACE LEASES.
The surface of restricted property may be leased by an
Individual Indian pursuant to the Act of August 9, 1955
(25 U.S.C. 415 et seq.), except that the Secretary may ap-
prove any agricultural lease or permit with respect to re-
stricted property in accordance with the provisions of sec-
tion 105 of the American Indian Agricultural Resource
(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.—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, except
that 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 restricted or trust property shall be paid to the
Individual Indian owner free of all lifting and other pro-
duction 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 Corporation
Commission shall have the authority to perform min-
isterial functions related to the enforcement of the
laws referred to in paragraph (1), including enforce-
ment actions against well operators, except that no
order of the Corporation Commission affecting re-
stricted 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 grant to the State of
Oklahoma regulatory jurisdiction over the protection
of the environment and natural resources of restricted
property, except to the limited extent granted by this
subsection.
(b) IMPLEMENTATION OF FEDERAL OIL AND GAS ROY-
ALTY 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);
(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 Court in the
State of Oklahoma and the courts of the State of Oklahoma
shall have jurisdiction over actions affecting title to, or use
or disposition of, trust property or restricted property only
to the extent expressly authorized by this Act or by other
Federal laws applicable to trust property or restricted prop-
erty.
SEC. 302. HEIRSHIP DETERMINATIONS AND PROBATES.
(a) JURISDICTION.—The Secretary shall have exclusive
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 individual
trust property, restricted property, or restricted or trust
funds or securities held or supervised by the Secretary de-
rived 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 section 306.
(2) The Secretary shall not have jurisdiction over
any estate for which a final order of probate or deter-
mination of heirs was issued by a court of the State
of Oklahoma or a United States district court.
(b) GOVERNING LAWS.—Notwithstanding any other
provision of law, the Secretary shall exercise the Secretary’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 Secretary for the probate
of wills, determination of heirs, and distribution of prop-
erty in estates of Indian decedents, subject to the following
requirements:
(1) LAW
APPLICABLE
TO
ESTATES
OF
INDI-
VIDUAL INDIAN DECEDENTS WHO DIED PRIOR TO EF-
FECTIVE
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 Stat-
utes, chapter 4, to all restricted property, trust prop-
erty, and all restricted or trust funds or securities de-
rived from such property in the estates of deceased In-
dividual Indians who died intestate prior to the effec-
tive date of this Act.
(2) LAW
APPLICABLE
TO
WILLS
EXECUTED
PRIOR TO EFFECTIVE DATE.—The Secretary shall de-
termine the validity and effect of wills as to estates
containing trust property or restricted property when
such wills were executed by Individual Indians prior
to the effective date of this Act, in accordance with the
laws of the State of Oklahoma governing the validity
and effect of wills, provided that the will of a full-
blood Individual Indian which disinherits the parent,
spouse, or one or more children of such full-blood In-
dividual Indian shall not be valid with respect to the
disposition of restricted property unless the require-
ments 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 ON
OR AFTER EFFECTIVE DATE.—
(A) IN GENERAL.—Any Individual Indian
who has attained age 18 and owns restricted
property 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 Individual Indian 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 execution
or procurement of the will, the Secretary is au-
thorized, within 1 year after the death of the tes-
tator, to cancel approval of the will. If an ap-
proval is canceled in accordance with the pre-
(b) ADVERSE POSSESSION.—No cause of action may
be brought to claim title to or an interest in restricted prop-
erty 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 effec-
tive date of this Act in accordance with the provisions
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
provided that 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, the
claimant in any such action has shown by clear and
convincing evidence that the limitations period had
run in full prior to the effective date of this Act, and
the procedures set forth in section 305 are followed.
(c) HEIRSHIP DETERMINATIONS AND DISPOSITIONS.—
Nothing in this section shall be construed to authorize a
determination of heirs in a quiet title action in Federal
or State court in derogation of the Secretary’s exclusive ju-
risdiction 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. Any grantee of an heir
who, prior to the effective date of this Act and in accordance
with applicable Federal laws, conveyed, leased, or otherwise
encumbered his or her interest in the restricted property
of an unprobated estate of an Individual Indian decedent
shall have standing to request that the Secretary determine
the heirs of the decedent in order to establish marketable
title in said grantee. For purposes of this subsection the
term grantee shall include any grantee, lessee, or mortgagee
of such heir and any successors or assigns of such grantee.
SEC. 304. INVOLUNTARY PARTITIONS.
(a) PETITION; JURISDICTION AND APPLICABLE LAW;
REQUIREMENTS.—
(1) PETITIONS.—Any person who owns any un-
divided interest in a tract of property consisting en-
tirely or partially of undivided restricted interests, re-
gardless 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 lo-
cated or the Oklahoma State district court for the
county wherein the tract is located for the involun-
tary partition 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 ju-
risdiction 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 involun-
tary partition under this section, except to the extent
that any such laws are in conflict with any provi-
sions of this section and sections 305 and 306.
(3) AGREEMENT AFTER INITIATION OF ACTION.—
If after the initiation of any action authorized 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 re-
stricted interests until it is approved by the Sec-
retary.
(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 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
appraised value pursuant to the laws of the State of
Oklahoma governing partitions.
(5) DETERMINATION OF VALUE.—The Secretary
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 valu-
ation 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 evi-
dence regarding the value of the property, following
which the court may accept the Secretary’s valuation,
or accept the valuation and appraisement made pur-
suant 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 filing
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.
SEC. 305. REQUIREMENTS FOR ACTIONS TO CURE TITLE DE-
FECTS AND INVOLUNTARY PARTITIONS.
(a) IN GENERAL.—All actions authorized by sections
303 and 304 shall be conducted in accordance with the re-
quirements 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 ac-
tion.
(2) PARTICIPATION OF THE SECRETARY.—If the
Secretary elects to participate in an action as pro-
vided for under paragraph (1), the responsive plead-
ing of the Secretary shall be made not later than 20
days after the Secretary receives the notice required
under subsection (c), or within such extended time as
the trial court in its discretion may permit.
(3) JUDGMENT BINDING.—After the appearance
of the Secretary in any action described in paragraph
(1), or after the expiration of the time in which the
Secretary is authorized to respond under paragraph
(2), the proceedings and judgment in such action
shall be binding on the United States and the parties
upon whom service has been made and shall affect the
title to the restricted property which is the subject of
the action, in the same manner 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 indispensable
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 written
notice of the filing of such action and of a petition
or complaint, or any amended petition or complaint
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 duplicate
original of any notice served under paragraph (1)
shall be filed with the clerk of the court in which the
action is pending.
(3) REQUIREMENTS.—The notice required under
paragraph (1) shall be—
(A) accompanied by a certified copy of all
pleadings on file in the action at the time of the
filing of the duplicate original notice with the
clerk under paragraph (2);
(B) signed by the plaintiff to the action or
his or her counsel of record; and
(C) served by certified mail, return receipt
requested, and due return of service made there-
on, showing date of receipt and service of notice.
(4) FAILURE TO SERVE.—If the notice required
under paragraph (1) is not served within the time re-
quired under such paragraph, or if return of service
thereof is not made within the time permitted by law
for the return of service of summons, alias notices
may be issued and filed until service and return of
notice is made, except that in the event that service
of the notice required under such paragraph is not
made within 60 days following the filing of the peti-
tion or complaint or amendments thereof, the action
shall be dismissed without prejudice.
(5) LIMITATION.—In no event shall the United
States or the parties named in a notice filed under
paragraph (1) be bound, or title to the restricted
property be affected, unless written notice is served
upon the Secretary as required under this subsection.
(d) REMOVAL.—
(1) IN GENERAL.—The United States shall have
the right to remove any action to which this section
applies that is pending in a State court to 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 subsection (c), or
within such extended period of time as the trial court
in its discretion may permit, a notice of the removal
of such action to a United States district court, to-
gether 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 para-
graph (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 such
action shall, not later than 20 days after the plead-
ings 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 origi-
nally commenced in the United States district court,
and its judgment may be reviewed by certiorari, ap-
peal, 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 exhaus-
tion of all appeal rights in any such action, or until the
petitioner, personal representative, or the State court dis-
misses the action in accordance with State law.
TITLE IV—MISCELLANEOUS
SEC. 401. REGULATIONS.
The Secretary may promulgate such regulations as
may be necessary to carry out this Act, except that failure
to promulgate such regulations shall not limit or delay the
effect of this Act.
SEC. 402. VALIDATION OF CERTAIN TRANSACTIONS; SAV-
INGS CLAUSE.
(a) VALIDATION OF CERTAIN TITLE TRANSACTIONS.—
Any person having the legal capacity to own real property
in the State of Oklahoma who claims ownership of an inter-
est 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 occurred in such chain
of title, may cure the defect in title and validate the trans-
action 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 transaction shall be validated and shall
not be considered a defect in the muniments of title but only
insofar as the defect is based on or arises from Federal stat-
utes applicable to the conveyance or inheritance of restricted
property in effect at the time of the transaction. The trans-
actions referred 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 of
the Act of June 14, 1918 (40 Stat. 606) purporting
to probate the estate of an Individual Indian who
died owning property which was subject to restric-
tions against alienation pursuant to Federal statutes
in effect at the time of issuance of such probate order.
(2) Any probate order issued by a county or dis-
trict court of the State of Oklahoma more than 30
years prior to the effective date of this Act purporting
to probate the estate of a deceased Individual Indian
who died owning property which was subject to re-
strictions against alienation pursuant to Federal law
in effect at the time of issuance of such probate order,
where notice was not given as required 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 individual
trust property or property which was subject to re-
strictions against alienation pursuant to Federal stat-
utes in effect at the time of the conveyance executed
by a person who was an heir or purported heir of the
Individual Indian decedent who owned such property
at the time of his death, if such conveyance was ap-
proved by a county or district court in Oklahoma
more than 30 years before the effective date of this Act
but where no judicial or administrative order of
record was issued before or after such approval find-
ing that such person was in fact the heir to the inter-
est 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
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 convey-
ance 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 ap-
proval of the Secretary.
(b) NOTICE OF CLAIM; SERVICE AND RECORDING.—
Any claimant 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 notice of claim, to-
gether with a copy of the return receipt 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 has been served on the Secretary and filed of record
as herein provided. The notice of claim shall set forth the
following:
(1) The claimant’s name and mailing address.
(2) An accurate and full description of all prop-
erty affected by such notice, which description shall be
set forth in particular terms and not be general inclu-
sions; 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 instru-
ment.
(3) A specific reference to or description of each
title transaction in the chain of title that the claim-
ant is attempting to validate pursuant to this section.
(4) 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.
(c) RESPONSE
DEADLINE; EXTENSION.—The Sec-
retary shall have 60 days from date of receipt of the notice
of claim in which to notify the claimant in writing that
the Secretary exercises discretionary authority to object to
the claim for any reason. The Secretary shall be entitled
to an automatic extension of time of 60 days in which to
object to the claim upon the Secretary’s service of written
notice of extension on the claimant within the initial 60-
day response period.
(d) NOTICE
OF OBJECTION; REMEDIES.—The Sec-
retary shall send the notice of objection and any notice of
extension of time to the claimant by certified mail to the
address set forth in the claimant’s notice to the Secretary.
The Secretary’s notice of objection or notice of extension of
time shall include a description of the property and shall
be effective on the date of mailing. The Secretary shall file
the notice of objection or notice of extension 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 noti-
fies 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 accordance with section 302 of
this Act.
(e) UNDISPUTED CLAIM.—If, in the exercise of discre-
tionary authority pursuant to subsection (c), the Secretary
does not object to the claim, then the Secretary may notify
the claimant that the matter is not in dispute. Failure of
the Secretary to notify the claimant of the Secretary’s objec-
tion within the initial 60-day period, or within 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 re-
quired by subsection (d), the title transaction described in
the claimant’s notice shall be deemed validated and shall
not be considered a defect in the muniments of the claim-
ant’s title based on or arising from Federal statutes gov-
erning the conveyance of restricted property in effect at the
time of the transaction, provided that no written notice of
objection is timely filed by other parties in accordance with
subsection (f) of this section.
(f) NOTICE OF OBJECTION BY OTHER PARTIES TO AP-
PLICABILITY
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 par-
ticular 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 re-
corded instrument.
(3) A statement that the declarant claims in
good faith to be the owner of an interest in the prop-
erty described in the notice and that the declarant ob-
jects to the operation of this section with respect to
any title transaction that would otherwise be subject
to validation under this section.
(g) INTERESTS
OF HEIRS
OF LESS THAN HALF-
BLOOD.—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 immediately
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.
(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 pur-
ports 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 noth-
ing appearing of record, in either case, pur-
porting to divest such claimant of such pur-
ported interest.
(2) The term recording, when applied to the offi-
cial public records of any officer or court, includes fil-
ing 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).
(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, respectively).
(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
(B) by striking ‘‘Provided further’’ and in-
serting ‘‘Provided’’.
(2) 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 further,
That any interest in restricted and tax-exempt
lands acquired by descent, devise, gift, exchange,
partition, conveyance, or purchase with re-
stricted 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.
(3) The Act of May 7, 1970 (84 Stat. 203, Public
Law 91–240, 25 U.S.C. 375d), is amended—
(A) by inserting ‘‘Creek,’’ after ‘‘Cherokee,’’;
and
(B) by striking ‘‘derived and shall’’ and in-
serting the following: ‘‘derived. Such lands, inter-
ests, and profits, and any restricted Indian
lands or interests therein allotted by any such
Indian nation that are reacquired by that In-
dian nation by conveyance authorized under sec-
tion 202(a) of the Five Nations Indian Land Re-
form Act shall’’.
(4) Section 1 of the Act of October 22, 1970 (84
Stat. 1091, Public Law 91–495), is amended by strik-
ing the last sentence.
SEC. 404. SECRETARIAL TRUST RESPONSIBILITY.
Nothing in this Act shall be construed to waive, mod-
ify, or diminish in any way the trust responsibility of the
United States over restricted property.
SEC. 405. REPRESENTATION BY ATTORNEYS FOR THE DE-
PARTMENT OF THE INTERIOR.
Attorneys of the Department of the Interior may—
(1) represent the Secretary in any actions filed
in the State courts of Oklahoma involving restricted
property;
(2) when acting as counsel for the Secretary,
provide information to all Individual Indians owning
restricted property (and to private counsel for such
Individual Indians if any) regarding their legal
rights with respect to the restricted property owned by
such Individual Indians;
(3) at the request of any Individual Indian own-
ing restricted property, take such action as may be
necessary to cancel or annul any deed, conveyance,
mortgage, lease, contract to sell, power of attorney, or
any other encumbrance of any kind or character,
made or attempted to be made or executed in viola-
tion of this Act or any other Federal law, and take
such action as may be necessary to assist such Indi-
vidual Indian in obtaining clear title, acquiring pos-
session, and retaining possession of restricted prop-
erty; and
(4) in carrying out paragraph (3), refer pro-
posed actions to be filed in the name of the United
States in a district court of the United States to the
United States Attorney for that district, and provide
assistance in an of-counsel capacity in those actions
that the United States Attorney elects to prosecute.
SEC. 406. FILING REQUIREMENTS; CONSTRUCTIVE NOTICE.
(a) REQUIREMENT FOR FILING.—The Secretary shall
file the following orders or other decision documents which
concern restricted property and are issued after the effective
date of this Act by the Secretary in the appropriate offices
of the Department of the Interior, as designated by the Sec-
retary, and in the office of the county clerk in the county
where such restricted property is located:
(1) Any order or other decision document remov-
ing restrictions, imposing restrictions, approving con-
veyances, approving leases, approving voluntary par-
titions, approving mortgages, probating wills, or de-
termining heirs.
(2) Any notice issued by the Secretary pursuant
to section 402.
(b) CONSTRUCTIVE NOTICE.—The filing of said docu-
ments pursuant to this section shall constitute constructive
notice to the public of the effect of said documents filed.
(c) CERTIFICATION OF AUTHENTICITY.—The Secretary
shall have authority to certify the authenticity of copies of
such documents and title examiners shall be entitled to rely
on said authenticated copies for the purpose of determining
marketability of title to the property described therein.
SEC. 407. PUBLICATION OF DESIGNATED OFFICIALS.
The Secretary shall identify each designee for purposes
of the receipt of notices or the performance of any Secre-
tarial duty or function under this Act by publication of
notice in the Federal Register.
SEC. 408. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit or affect
the rights of Individual Indians under other Federal laws
relating to the acquisition and status of trust property, in-
cluding without limitation, the following:
(1) The Act of June 18, 1934 (25 U.S.C. 461 et
seq.) (commonly known as the ‘‘Indian Reorganiza-
tion Act’’).
(2) The Act of June 26, 1936 (25 U.S.C. 501 et
seq.) (commonly known as the ‘‘Oklahoma Indian
Welfare Act’’).
(3) The Indian Land Consolidation Act (25
U.S.C. 2201 et seq.).
(4) Regulations relating to the Secretary’s au-
thority to acquire lands in trust for Indians and In-
dian tribes.
SEC. 409. EFFECTIVE DATE.
This Act shall take effect on January 1, 2003.
Amend the title so as to read: ‘‘A bill to amend laws
relating to the lands of the enrollees and lineal descend-
ants of enrollees whose names appear on the final 1906
Indian rolls of the Muscogee (Creek), Seminole, Cher-
okee, Chickasaw, and Choctaw Nations, historically re-
ferred to as the Five Civilized Tribes, and for other pur-
poses.’’.
Union Calendar No. 299
107TH CONGRESS
2D SESSION
H. R. 2880
[Report No. 107–499]
A BILL
To amend laws relating to the lands of the citizens
of the Muscogee (Creek), Seminole, Cherokee,
Chickasaw, and Choctaw Nations, historically re-
ferred to as the Five Civilized Tribes, and for
other purposes.
JUNE 11, 2002
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed