I
107TH CONGRESS
1ST SESSION
H. R. 2880
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
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 Citizens 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. Purpose.
Sec. 4. Definitions.
TITLE I—RESTRICTIONS; REMOVAL OF RESTRICTIONS
Sec. 101. Restrictions on real property.
Sec. 102. Reinvestment of proceeds from condemnation or conveyance of re-
stricted property.
Sec. 103. 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
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.
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. 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. 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 a lineal descendant by blood of
an Indian ancestor enrolled on the final Indian rolls
of the Five Civilized 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 the 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, 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 prop-
erty of enrollees and lineal descendants of enrollees
on the final Indian rolls of the Five Civilized Tribes
in 1906, and includes, without limitation, 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 but whose interest had
not, as of the effective date of this Act—
(A) been the subject of a final order deter-
mining heirs by a State district court or a
United States district court;
(B) been conveyed by heirs by deed ap-
proved in State district court; or
(C) been conveyed by heirs of less than
one-half degree of Indian blood with or without
State district court approval.
The term restricted property shall not include In-
dian 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
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, conveyance, lease, mortgage,
creation of liens, or other encumbrances, regardless of the
degree of Indian blood of the Indian citizen who owns such
property.
(b) CONTINUATION.—
(1) IN GENERAL.—The restrictions made appli-
cable under subsection (a) shall continue with re-
spect to restricted property upon the acquisition of
such property by an Indian citizen by inheritance,
devise, gift, or exchange.
(2) WITH WAIVER.—The restrictions made ap-
plicable under subsection (a) shall continue with re-
spect to restricted property upon the acquisition of
such property by an Indian citizen by election to
take at partition or by purchase, but only if—
(A) prior to the execution of the deed
transferring such restricted property, the In-
dian citizen who owned such property prior to
such election to take or purchase executes a
written waiver of his or her right to acquire
on the face of the deed with certification by the Secretary
describing that portion of the property which is subject
to restrictions and certifying that the requirements of this
section have been met.
SEC. 103. 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, including proceeds from any con-
veyance or condemnation as provided for in section 102,
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. 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
belonging to Indian citizens, is hereby extended until an
Act of Congress determines otherwise.
SEC. 105. 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 the appli-
cation.
(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. 106. EXEMPTIONS FROM PRIOR CLAIMS.
Sections 4 and 5 of the Act of May 27, 1908 (35
Stat. 312, chapter 199), shall apply to all restricted prop-
erty.
SEC. 107. FRACTIONAL INTERESTS.
Upon application by an Indian citizen owner of an
undivided unrestricted interest in property of which a por-
tion of the interests in such property is 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 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 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 an Indian citizen), father, mother, son,
daughter, brother or sister, or other lineal de-
scendant, 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 renewed 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 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 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.
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 des-
ignated by the Secretary, to probate wills or otherwise de-
termine heirs of deceased Indian citizens and to adjudicate
all such estate actions to the extent that they involve indi-
vidual trust property, restricted property, or restricted or
trust funds or securities held or supervised by the Sec-
retary derived from such property.
(b) GOVERNING LAWS.—Notwithstanding any other
provision of law, the administrative law judge or other offi-
cial 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, conveyance, lease, mortgage, creation of
liens, or other encumbrances of trust property or re-
stricted property shall apply to all such property
contained in the estate of the deceased Indian cit-
izen.
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
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 and
the procedures set forth in section 305 shall be fol-
lowed; provided, however, the claimant in any such
action must show by clear and convincing evidence
that the limitations period had run in full prior to
the effective date of this Act.
(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. Provided,
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 inter-
est in the restricted property of an unprobated estate of
an Indian citizen 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) 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.—A nonconsenting Indian citizen 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
DEFECTS AND INVOLUNTARY PARTITIONS.
(a) IN GENERAL.—All actions authorized by sections
303 and 304 shall be conducted in accordance with the
requirements and procedures described in this section.
(b) PARTIES.—
(1) UNITED STATES.—The United States shall
not be a necessary and indispensable party to an ac-
tion authorized under section 303 or 304. The Sec-
retary may participate as a party in any such action.
(2) PARTICIPATION
OF
SECRETARY.—If the
Secretary elects to participate in an action as pro-
vided for under paragraph (1), the responsive plead-
ing of the Secretary shall be made not later than 20
days after the Secretary receives the notice required
under subsection (c), or within such extended time
as the trial court in its discretion may permit.
(3) JUDGMENT
BINDING.—After the appear-
ance of the Secretary in any action described in
paragraph (1), or after the expiration of the time in
which the Secretary is authorized to respond under
paragraph (2), the proceedings and judgment in
such action shall be binding on the United States
and the parties upon whom service has been made
and shall affect the title to the restricted property
which is the subject of the action, in the same man-
ner and extent as though nonrestricted property
were involved.
(4) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to waive the requirement
of service of summons in accordance with applicable
Federal or State law upon the individual Indian cit-
izen landowners, who shall be necessary and indis-
pensable parties to all actions authorized by sections
303 and 304.
(c) NOTICE.—
(1) IN GENERAL.—The plaintiff in any action
authorized by sections 303 and 304 shall serve writ-
ten notice of the filing of such action and of a peti-
tion or complaint, or any amended petition or com-
plaint which substantially changes the nature of the
action or includes a new cause of action, upon the
Director of the Regional Office not later than 10
days after the filing of any such petition or com-
plaint or any such amended petition or complaint.
(2) FILING WITH CLERK.—A duplicate original
of any notice served under paragraph (1) shall be
filed with the clerk of the court in which the action
is pending.
(3) 
REQUIREMENTS.—The 
notice 
required
under paragraph (1) shall—
(A) be accompanied by a certified copy of
all pleadings on file in the action at the time of
the filing of the duplicate original notice with
the clerk under paragraph (2);
(B) be signed by the plaintiff to the action
or his or her counsel of record; and
(C) be served by certified mail, return re-
ceipt requested, and due return of service made
thereon, showing date of receipt and service of
notice.
(4) FAILURE TO SERVE.—If the notice required
under paragraph (1) is not served within the time
required under such paragraph, or if return of serv-
ice thereof is not made within the time permitted by
law for the return of service of summons, alias no-
tices may be provided until service and return of no-
tice is made, except that in the event that service of
the notice required under such paragraph is not
made within 60 days following the filing of the peti-
tion or complaint or amendments thereof, the action
shall be dismissed without prejudice.
(5) LIMITATION.—In no event shall the United
States or the parties named in a notice filed under
paragraph (1) be bound, or title to the restricted
property be affected, unless written notice is served
upon the Director as required under this subsection.
(d) REMOVAL.—
(1) IN
GENERAL.—The United States shall
have the right to remove any action to which this
section applies that is pending in a State court to
the United States district court by filing with the
State court, not later than 20 days after the service
of any notice with respect to such action under sub-
section (c), or within such extended period of time
as the trial court in its discretion may permit, a no-
tice of the removal of such action to such United
States district court, together with the certified copy
of the pleadings in such action as served on the Di-
rector of the Regional Office under subsection (c).
(2) DUTY OF STATE COURT.—It shall be the
duty of a State court to accept a notice filed under
paragraph (1) and cease all proceedings with respect
to such action.
(3) PLEADINGS.—Not later than 20 days after
the filing of a notice under paragraph (1), the copy
of the pleadings involved (as provided under such
paragraph) shall be entered in the district court of
the United States and the defendants and interve-
nors in such action shall, not later than 20 days
after the pleadings are so entered, file a responsive
pleading to the complaint in such action.
(4) PROCEEDINGS.—Upon the submission of
the filings required under paragraph (3), the action
shall proceed in the same manner as if it had been
originally commenced in the district court, and its
judgment may be reviewed by certiorari, appeal, or
writ of error in like manner as if the action had
been originally brought in such district court.
SEC. 306. PENDING STATE PROCEEDINGS.
The courts of the State of Oklahoma shall continue
to exercise authority as a Federal instrumentality over all
heirship, probate, partition, and other actions involving re-
stricted property that are pending on the effective date
of this Act until the issuance of a final judgment and ex-
haustion of all appeal rights in any such action, or until
the petitioner, personal representative, or the State court
dismisses the action in accordance with State law.
TITLE IV—MISCELLANEOUS
SEC. 401. REGULATIONS.
The Secretary may promulgate such regulations as
may be necessary to carry out this Act, except that failure
to promulgate such regulations shall not limit or delay the
effect of this Act.
SEC. 402. VALIDATION OF CERTAIN TRANSACTIONS; SAV-
INGS CLAUSE.
(a) VALIDATION
OF
CERTAIN
TITLE
TRANS-
ACTIONS.—Any person having the legal capacity to own
real property in the State of Oklahoma who claims owner-
ship of an interest in such property through an unbroken
chain of title of record, the title to which interest is or
may be defective as a result of any transaction described
in paragraphs (1) through (5) of this subsection that oc-
curred in such chain of title, may cure the defect in title
and validate the transaction by following the procedures
of this section. When all conditions and requirements of
this section have been met, and if no notice of objection
has been timely filed by the Regional Director under sub-
section (c) or by any other person under subsection (f),
the transaction shall be validated and shall not be consid-
ered a defect in the muniments of title but only insofar
as the defect is based on or arises from Federal statutes
applicable to the conveyance or inheritance of restricted
property in effect at the time of the transaction.
(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, pur-
porting to probate the estate of a deceased Indian
citizen who died owning property which was subject
to restrictions against alienation pursuant to Fed-
eral statutes in effect at the time of issuance of such
probate order;
(2) Any probate order issued by a county or
district court of the State of Oklahoma more than
30 years prior to the effective date of this Act pur-
porting to probate the estate of a deceased Indian
citizen who died owning property which was subject
to restrictions against alienation pursuant to Fed-
eral law in effect at the time of issuance of such pro-
bate 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
statutes in effect at the time of the conveyance exe-
cuted by a person who was an heir or purported heir
of the decedent, if such conveyance was approved by
a county or district court in Oklahoma more than 30
years before the effective date of this Act but where
no judicial or administrative order of record was
issued before or after such approval finding that
such person was in fact the heir to the interest con-
veyed;
(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 con-
veyance of the property required approval by a
county or district court in Oklahoma; or
(B) approval was given by a county or dis-
trict court in Oklahoma where the Federal stat-
utes governing the conveyance of the property
in effect at the time of the conveyance required
approval of the Secretary.
(b) NOTICE OF CLAIM; SERVICE AND RECORDING.—
Any claimant described in subsection (a) must serve writ-
ten notice of his or her claim by certified mail, return re-
ceipt requested, on the Regional Director, and file the no-
tice of claim, together with a copy of the return receipt
showing delivery to the office of the Regional Director, 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 Regional Director and filed of record as herein pro-
vided. 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
inclusions; but if said claim is founded upon a re-
corded instrument, then the description in such no-
tice may be the same as that contained in such re-
corded instrument.
(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 sec-
tion.
(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 Re-
gional Director shall have 60 days from date of receipt
of the notice of claim in which to notify the claimant in
writing that the Regional Director exercises discretionary
authority to object to the claim for any reason; provided,
the Regional Director shall be entitled to an automatic ex-
tension of time of 60 days in which to object to the claim
upon the Regional Director’s service of written notice of
extension on the claimant within the initial 60-day re-
sponse period.
(d) NOTICE OF OBJECTION; REMEDIES.—The Re-
gional Director 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
Director. The Director’s notice of objection or notice of
extension of time shall include a description of the prop-
erty and shall be effective on the date of mailing. The Di-
rector shall file the notice of objection or notice of exten-
sion of time in the office of the county clerk for the county
or counties wherein the property is located within 30 days
after the date of mailing of the notice to the claimant.
If the Regional Director notifies the claimant that the Re-
gional Director objects to the claim, such decision shall
be final for the Department and the claimant’s sole rem-
edies shall be to file an action to cure title defects pursu-
ant to section 303 of this Act or to request a determina-
tion of heirs in accordance with section 302 of this Act.
(e) UNDISPUTED CLAIM.—If, in the exercise of dis-
cretion, the Regional Director does not object to the claim,
then the Regional Director may notify the claimant that
the matter is not in dispute. Failure of the Regional Direc-
tor to notify the claimant of the Regional Director’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 Director does
not file an objection to the claim of record within the time
required 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
claimant’s title based on or arising from Federal statutes
governing 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 ac-
cordance with subsection (f) of this section.
(f) NOTICE OF OBJECTION BY OTHER PARTIES TO
APPLICABILITY OF THIS SECTION.—Any person claiming
ownership of an interest in property the record title to
which includes a title transaction described in subsection
(a) of this section may prevent the application of sub-
sections (a) through (e) to said interest by filing for record
in the office of the county clerk for the county or counties
wherein the property in question is located, no later than
3 years after the effective date of this Act, a written notice
of objection in the form of a declaration made under oath
setting forth the following:
(1) The declarant’s name and mailing address.
(2) An accurate and full description of all of
the declarant’s property interests to be affected by
such notice, which description shall be set forth in
particular terms and not be general inclusions; but
if said declarant’s claim to ownership is founded
upon a recorded instrument, then the description in
such notice may be the same as that contained in
such recorded instrument.
(3) A statement that the declarant claims in
good faith to be the owner of an interest in the
property described in the notice and that the declar-
ant objects to the operation of this section with re-
spect to any title transaction that would otherwise
be subject to validation under this section.
(g) INTERESTS OF HEIRS OF LESS THAN HALF-
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 Indian citizen without dis-
trict 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 Indian citizen’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 Indian citizen
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
Indian citizen’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
purports to create such interest, either in—
(A) the person claiming such interest; or
(B) some other person from whom, by 1 or
more conveyances or other title transactions of
record, such purported interest has become
vested in the person claiming such interest;
with nothing appearing of record, in either case,
purporting to divest such claimant of such pur-
ported interest.
(2) The term recording, when applied to the of-
ficial public records of any officer or court, includes
filing with the officer or court.
SEC. 403. REPEALS.
(a) IN GENERAL.—The following provisions are re-
pealed:
(1) The Act of August 11, 1955 (69 Stat. 666,
chapter 786).
(2) Section 2 of the Act of August 12, 1953
(67 Stat. 558, chapter 409).
(3) Sections 1 through 5 and 7 through 13 of
the Act of August 4, 1947 (61 Stat. 731, chapter
458).
(4) The Act of February 11, 1936 (25 U.S.C.
393a).
(5) The Act of January 27, 1933 (47 Stat. 777,
chapter 23).
(6) Sections 1, 2, 4, and 5 of the Act of May
10, 1928 (45 Stat. 495, chapter 517).
(7) The Act of April 12, 1926 (44 Stat. 239,
chapter 115).
(8) Sections 1 and 2 of the Act of June 14,
1918 (25 U.S.C. 375 and 355).
(9) Sections 1 through 3 and 6 through 12 of
the Act of May 27, 1908 (35 Stat. 312, chapter
199).
(10) Section 23 of the Act of April 26, 1906
(34 Stat. 137, chapter 1876).
(b) OTHER ACTS.—
(1) IN
GENERAL.—Not later than 6 months
after the effective date of this Act, the Secretary
shall prepare and submit to Congress a list of other
provisions of law that—
(A) expressly reference property of the
Five Nations or of Five Nations’ citizens and
that are in conflict with the provisions of this
Act; or
(B) are of general applicability with re-
spect to the property of Indian tribes and of in-
dividual Indians and that are in conflict with
this Act.
(2) TECHNICAL AMENDMENTS.—
(A) Section 28 of the Act of April 26,
1906 
(34 
Stat. 
137, 
chapter 
1876) 
is
amended—
(i) by striking the first proviso; and
(ii) by striking ‘‘Provided further’’ and
inserting ‘‘Provided’’.
(B) Section 6(c) of the Act of August 4,
1947 (61 Stat. 733, chapter 458) is amended
in the first sentence by striking ‘‘of one-half or
more Indian blood’’.
(C) Section 1 of the Act of October 22,
1970 (84 Stat. 1091), is amended by striking
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 Indian citizens owning re-
stricted property (and to private counsel for such
citizens, if any) regarding their legal rights with re-
spect to the restricted property owned by such citi-
zens;
(3) at the request of any Indian citizen owning
restricted property, take such action as may be nec-
essary to cancel or annul any deed, conveyance,
mortgage, lease, contract to sell, power of attorney,
or any other encumbrance of any kind or character,
made or attempted to be made or executed in viola-
tion of this Act or any other Federal law, and take
such action as may be necessary to assist such In-
dian citizen in obtaining clear title, acquiring posses-
sion, and retaining possession of restricted property;
and
(4) in carrying out paragraph (3), refer pro-
posed actions to be filed in the name of the United
States in a district court of the United States to the
United States Attorney for that district, and provide
assistance in an of-counsel capacity in those actions
that the United States Attorney elects to prosecute.
SEC. 406. FILING REQUIREMENTS; CONSTRUCTIVE NOTICE.
The following orders or other decision documents
which concern restricted property and are issued after the
effective date of this Act by the Secretary, by an adminis-
trative law judge, or by any other authorized person pur-
suant to authority of this Act shall be filed in the Regional
Office and in the office of the county clerk in the county
where such restricted property is located: any order or
other decision document removing restrictions, imposing
restrictions, approving conveyances, approving leases, ap-
proving voluntary partitions, approving mortgages, pro-
bating wills or determining heirs, and any notice issued
by the Regional Director pursuant to section 402 of this
Act. The filing of said documents at the Regional Office
shall constitute constructive notice to the public of the ef-
fect of said documents filed. The Secretary shall have au-
thority to certify the authenticity of copies of such docu-
ments and title examiners shall be entitled to rely on said
authenticated copies for the purpose of determining mar-
ketability of title to the property described therein.
Æ