(A) means any Indian tribe, band, nation,
pueblo, or other organized group or community,
including any Alaska Native village or regional
corporation as defined in or established pursu-
ant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) or as listed in the
Federal Register of February 16, 1995, as eligi-
ble for special programs and services provided
by the United States to Indians because of their
unique status as Indians.
(13) TRUST OR RESTRICTED LAND.—The term
‘‘trust or restricted land’’ means a tract of land—
(A) all or a portion of the title to which,
is owned by 1 or more individual Indians or a
tribe; and
(B) that is—
(i) held in trust for the individual In-
dians or tribe referred to in subparagraph
(A) by the United States; or
(ii) subject to Federal restrictions on
alienation.
(14) UNDIVIDED INTEREST.—The term ‘‘undi-
vided interest’’ means the portion or rights in prop-
erty owned by tenants in common or joint tenants
with respect to which each tenant has an equal right
to make use of and enjoy the entire property.
TITLE I—ESTATE PLANNING
SEC. 101. PURPOSE.
The purpose of this title is to require the establish-
ment and maintenance of an estate planning program to—
(1) dramatically increase the use of wills and
other methods of devise among landowners;
(2) substantially reduce the quantity and com-
plexity of Indian estates that pass intestate through
the probate process, while protecting the rights and
interests of Indian landowners; and
(3) require the provision of adequate services to
achieve the purposes specified in paragraphs (1) and
(2).
SEC. 102. ESTATE PLANNING.
(a) IN GENERAL.—The Secretary shall establish and
carry out an estate planning program to inform, advise,
and assist Indian landowners, to facilitate the transfer of
lands to specific heirs.
(b) CONDUCT OF ACTIVITIES.—The activities con-
ducted under this title shall be conducted in accordance
with the guidelines of any applicable—
(1) tribal probate law; or
(2) fractionated land consolidation plan.
(c) REGIONAL ESTATE PLANNING WORKSHOPS.—As
part of the program under this section, the Secretary shall
conduct or provide for regional estate planning workshops
for tribes and landowners not later than 180 days after
the date of enactment of this Act, and every 180 days
thereafter.
SEC. 103. NOTIFICATION TO LANDOWNERS.
(a) IN GENERAL.—
(1) NOTIFICATION.—Not later than 2 years
after the date of enactment of this Act, the Sec-
retary shall provide to each Indian landowner, a re-
port that lists, with respect to each tract of trust or
restricted land in which the Indian landowner has an
interest—
(A) the tract of land involved;
(B) each other co-owner; and
(C) the percentage of ownership of each
owner of an interest in the tract.
(2) STATUTORY
CONSTRUCTION.—Nothing in
this subsection shall preclude any individual Indian
from obtaining from the Secretary, upon the request
of that individual, any information specified in sub-
paragraph (A), (B), or (C) before the expiration of
the 2-year period specified in paragraph (1).
(b) REQUIREMENTS FOR NOTIFICATION.—Each noti-
fication made under subsection (a) shall include informa-
tion concerning estate planning options under Federal and
tribal law that are available for consolidation or disposal
of the interests, including information concerning—
(1) the preparation and execution of a will;
(2) joint tenancy with right of survivorship;
(3) negotiated sales;
(4) gift deeds;
(5) exchanges;
(6) living trusts; and
(7) life estates.
(c) PROHIBITION.—No individual Indian may be de-
nied access to information relating to land in which that
individual has an interest described in this section on the
basis of section 552a of title 5, United States Code (com-
monly referred to as the ‘‘Privacy Act’’).
SEC. 104. PROVISION OF ADEQUATE SERVICES.
(a) IN GENERAL.—To carry out this Act, including
this title, the Secretary shall provide for estate planners,
outreach workers, appraisers, realty staff, credit staff, and
certified surveyors.
(b) ARRANGEMENTS.—To carry out subsection (a),
the Secretary may enter into 1 or more contracts, grants,
or compacts with tribes or lease councils to provide for
all or a portion of the services involved.
SEC. 105. REPORT TO CONGRESS.
The Secretary shall transmit to Congress a report on
the implementation of this title, immediately before the
President submits to Congress an annual budget request
under section 1105(a) of title 31, United States Code.
TITLE II—TRUST LAND RECORDS
MANAGEMENT
SEC. 201. PURPOSE.
The purpose of this title is to improve land records
administration in order to facilitate the consolidation of
fractionated land title with respect to probate and real es-
tate transactions.
SEC. 202. LAND RECORDS SYSTEM REQUIREMENTS.
The Secretary shall promote the formation and main-
tenance of a computerized land ownership records and
payment dispersal system at the local level to enable tribes
and individual Indians, through the governing body of the
Indian tribe involved, to—
(1) evaluate and implement plans to consolidate
fractionated titles;
(2) certify title status reports for mortgages,
probates, appraisals, and other land transactions;
(3) provide an accounting of the land held by
Indian landowners (including the income derived
from that land and the allotment from which the
land is derived) to assist in land consolidation and
estate planning initiatives; and
(4) reduce the number of ownership records.
SEC. 203. STAFFING AND RESOURCES.
(a) IN GENERAL.—The Secretary shall provide for
the necessary staff and resources for the design and ad-
ministration of local land records systems by making
funds available to an appropriate, tribally approved agency
or organization.
(b) LAND RECORDS SYSTEM.—Under a local land
records system described in subsection (a)—
(1) an appropriate, tribally approved agency or
organization shall serve as the archives for land
records of a tribe; and
(2) the daily use, maintenance, and control of
those land records shall be carried out at the local
level.
(c) LAND RECORDS SYSTEM STANDARDS.—Under
the land records system described in subsection (a), stand-
ards that are consistent with applicable law relating to fi-
duciary duties shall apply. Those standards shall provide
that land records for lands of individual Indians and tribal
title with respect to the requirements that apply to real
estate transactions concerning trust or restricted land.
(d) APPLICABILITY OF TITLE.—The requirements of
this title relating to real estate transactions shall apply
to trust and restricted lands.
SEC. 303. APPRAISALS.
(a) IN GENERAL.—
(1) APPRAISAL DEFINED.—For purposes of this
title, the term ‘‘appraisal’’ means an opinion or esti-
mate of value of trust or restricted land supported
by facts.
(2) REQUIREMENTS.—An appraisal shall in-
clude land use designations, as determined by—
(A) tribal ordinance; or
(B) Indian landowner use, in any case in
which a tribal ordinance is not in effect.
(b) REQUIREMENT.—For purposes of any land trans-
action covered under this title, an appraisal shall be re-
quired, unless the person or entity who transfers an inter-
est in trust of restricted land waives that requirement in
writing.
(c) STANDARDS.—
(1) IN GENERAL.—An appraisal prepared for
the Bureau of Indian Affairs, tribe, or Indian land-
owner, shall comply with the Uniform Standards of
Professional Appraisal Practice issued by the Ap-
praisal Foundation (which is located in Washington,
D.C.).
(2) 
LICENSING
REQUIREMENT.—Each 
ap-
praiser commissioned by the Bureau of Indian Af-
fairs, tribe, or Indian landowner to prepare an ap-
praisal shall be licensed or certified within the State
in which the Indian land is located.
(3) DATABASE.—
(A) IN GENERAL.—The Bureau of Indian
Affairs or tribe, as the case may be, shall—
(i) maintain a database on real estate
transactions involving trust tribes; and
(ii) make the database referred to in
clause (i) available to appraisers, tribes,
and landowners to assist them in determin-
ing the fair market value of interests in
trust or restricted land and other land
valuations.
(B) HISTORY
OF
INCOME.—A database
under this paragraph shall include a history of
income derived from the subject lands for the
previous 5 years.
SEC. 304. TRUST AND RESTRICTED LAND TRANSACTIONS.
(a) IN GENERAL.—
(1) AMOUNTS
FOR
SALES
OR
EXCHANGES.—
Notwithstanding any other provision of law, the sale
or exchange for an interest in trust or restricted
land may be for an amount or exchange value less
than fair market value of that interest.
(2) STATUS OF LANDS.—Any trust or restricted
land sold or exchanged under this section shall, upon
completion of the sale or exchange, remain trust or
restricted land.
(b) SALE OF INTEREST.—An individual may sell or
exchange an interest referred to in subsection (a) to a lin-
eal descendant of the original allottee of the tract of land
involved, a co-owner of the tract of land, a tribal member
of the tribe of that individual, or the tribe, as follows:
(1) The first right of purchase and exchange
with respect to the interest shall be given to lineal
descendants of the original allottee of the tract of
land involved.
(2) A co-owner of the tract referred to in para-
graph (1) who is not a lineal descendant described
in that paragraph shall have a right of purchase or
exchange with respect to the interest that is subordi-
nate to the right of the lineal descendants.
(3) A tribal member shall have a right of pur-
chase or exchange with respect to the interest that
is subordinate to the right of persons or entities de-
scribed in paragraphs (1) and (2).
(4) The tribe shall have a right of purchase or
exchange with respect to the interest that is subordi-
nate to the right of purchase or exchange of persons
or entities described in paragraphs (1) through (3).
(c) NOTICE.—
(1) IN GENERAL.—An individual who intends to
sell or exchange an interest referred to in subsection
(a) shall provide notice to each person or entity de-
scribed in paragraphs (1), (2), and (4) of subsection
(b).
(2) 
REQUIREMENTS.—The 
notice 
required
under paragraph (1) shall—
(A) be published—
(i) in a tribal newspaper; and
(ii) if there is no local tribal news-
paper, in a local nontribal newspaper that
is accessible to the members of the tribe on
whose reservation the land is located; and
(B) include the allotment number and a
list of all interest holders, that the Secretary
shall provide.
(d) TIME PERIOD FOR EXERCISING FIRST RIGHT OF
PURCHASE OR EXCHANGE.—A lineal descendant referred
to in subsection (b)(1) may exercise a first right of pur-
chase described in that subsection during the 30-day pe-
riod beginning on the date on which the individual receives
notice under subsection (c).
(e) GIFT DEEDS; RESERVATION OF RIGHTS.—
(1) IN GENERAL.—An Indian landowner may
gift deed an interest in trust or restricted land to
the tribe of that Indian landowner or another In-
dian.
(2) SPECIAL
RULE.—With respect to a gift
deed, the Secretary shall not require an appraisal, or
that the grantee be a lineal ancestor or descendant
of the grantor as a prerequisite to that transfer.
SEC. 305. PRESERVATION OF TRUST OR RESTRICTED STA-
TUS.
(a) NOTIFICATION.—
(1) LOCAL MEDIUM.—The term ‘‘local medium’’
includes a newspaper of general circulation in the
area in which a tract of land that is the subject of
a notification under this subsection is located.
(2) NOTIFICATION.—Not later than 30 days be-
fore filing a petition to obtain a patent in fee under
subsection (b), a person who intends to file such a
petition shall provide notice in a local medium of the
intent of that person to file that petition.
(b) PETITION.—
(1) IN GENERAL.—If a petition is filed with the
Secretary for a patent in fee for trust or restricted
land or an interest in that land, and that land or in-
terest is subsequently offered for sale, each of the
co-owners (if applicable), other members of the In-
dian tribe involved, and the tribe may acquire the in-
terest in the land during the 180-day period begin-
ning on the date on which that petition is filed.
(2) FUNDING.—Funds made available by ap-
propriations pursuant to title IV may be used for
purchases made under this subsection.
(c) DEFAULT.—
(1) IN GENERAL.—
(A) LEASEBACK AND BUYBACK RIGHTS.—
In any case in which a default under a lending
program that has been approved by an appro-
priate official of the Federal Government on a
loan secured by trust or restricted land or an
interest in trust or restricted land occurs, as
part of the foreclosure procedure, leaseback and
buyback rights shall be offered to persons or
entities described in paragraph (2) in the order
described in subparagraph (B).
(B) ORDER OF OFFERS.—The persons de-
scribed in subparagraph (A) of paragraph (2)
shall be offered the leaseback and buyback
rights first and the persons and entities de-
scribed in subparagraph (C) of that paragraph
shall be offered those rights after the persons
and entities described in subparagraphs (A) and
(B) of that paragraph have been offered those
rights.
(2) PERSONS AND ENTITIES.—The persons and
entities described in this paragraph are as follows:
(A) Each Indian landowner of the land or
interest in land involved.
(B) The spouse and children of any owner
who is a former member of the Indian tribe in-
volved.
(C)(i) Any member of the Indian tribe that
has jurisdiction in the area in which the prop-
erty is located.
(ii) A tribally chartered corporate entity.
(iii) The tribe that has jurisdiction in the
area in which the property is located.
(3) TRANSFERS TO SECRETARY.—If the land or
interest described in paragraph (1) is not leased or
purchased by any of the persons or entities specified
in subparagraphs (A) through (C) of paragraph (2),
and all related appeals have concluded, the land or
interest shall be transferred to the Secretary and
held until such time as one of the eligible persons or
entities is able to purchase or lease the land or inter-
est.
SEC. 306. INDIAN LANDOWNER AGREEMENTS.
An Indian landowner may enter into an agreement
for the purpose of managing and administering a lease in
multiple ownership. A lease council elected by the land-
owners may act in their behalf in all matters related to
the lease (as determined under applicable tribal ordinances
and Federal law).
SEC. 307. REPEAL AND AMENDMENT OF PROVISIONS.
(a) IN GENERAL.—The Indian Land Consolidation
Act (25 U.S.C. 2201 et seq.) is amended—
(1) by striking sections 201 and 202;
(2) in section 204, by striking subsections (a)
and (b);
(3) by striking section 205;
(4) by striking sections 207 through 212;
(5) by redesignating section 202 as section 201;
(6) by redesignating sections 203 and 204 as
sections 202 and 203, respectively;
(7) in section 203(c), as redesignated by para-
graph (6) of this subsection, by striking ‘‘(c)’’; and
(8) by redesignating section 206 as section 204.
(b) REFERENCES.—Section 3(a) of the Act entitled
‘‘An Act to make miscellaneous amendments to Indian
law, and for other purposes’’, approved May 24, 1990
(Public Law 101–301) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘section 2 and 17’’ and inserting ‘‘sections
2, 5, and 17’’; and
(2) by adding at the end the following flush ma-
terial:
‘‘Nothing in this subsection is intended to supersede any
other provision of Federal law that authorizes, prohibits,
or restricts the acquisition of land or the creation of res-
ervations for Indians with respect to any specific tribe,
reservation, or State.’’.
TITLE IV—FINANCIAL
ASSISTANCE
SEC. 401. PURPOSE; APPLICABILITY.
(a) PURPOSE.—The purpose of this title is to provide
financing to tribes and individual Indian landowners for
consolidation of fractionated interests.
(b) APPLICABILITY.—This title applies to Indian in-
dividuals and to those tribes that have in effect a
fractionated land consolidation plan.
SEC. 402. LOANS FOR ACQUISITION.
(a) IN GENERAL.—Funds shall be made available
from a Land Acquisition Fund (referred to in this section
as the ‘‘Fund’’) that shall consist of funds appropriated
under the Bureau of Indian Affairs economic development
line item, named and placed in a separate account, specifi-
cally targeted for acquisition of fractionated interests by
Indian individuals and tribes. Such funds shall be avail-
able to individuals directly or through a tribal lending pro-
gram for acquisition purposes as described in this title.
(b) LOANS.—
(1) IN
GENERAL.—The Secretary may make
loans to tribes for use in making loans to individual
Indians for the acquisition and consolidation of in-
terests in fractionated trust or restricted lands.
(2) REQUIREMENTS FOR LOANS.—As a condi-
tion to receiving a loan under this section, a tribe
shall deposit the loan funds in a federally insured fi-
nancial institution that the tribe may choose.
(3) USE OF AMOUNTS COLLECTED.—Amounts
collected by a tribe as a repayment of loans and as
interest or other charges, may be used by that
tribe—
(A) to pay interest and principal to the
Secretary on loans made to the tribe under this
subsection; and
(B) to make additional loans.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated the sum of $20,000,000 for
the land acquisition and consolidation purposes as de-
scribed in this title.
SEC. 403. GRANTS FOR ACQUISITION.
Funds appropriated from within the Economic Devel-
opment line item for the Bureau of Indian Affairs will be
used by the Secretary of the Interior to make grants to
tribes and individual Indians for the acquisition and con-
solidation of interests in fractionated trust or restricted
lands.
TITLE V—PROBATE
SEC. 501. APPLICABILITY.
(a) IN GENERAL.—
(1) APPLICABILITY TO TRUST OR RESTRICTED
LANDS.—Except as provided in paragraph (2), this
title shall apply to all trust or restricted lands ad-
ministered by the United States.
(2) ELECTION.—A tribe may elect to be exempt
from the requirements of this title by issuing a final
resolution and filing that resolution with the Sec-
retary.
(b) NOTIFICATION.—Upon receipt of a formal resolu-
tion under subsection (a), the Secretary shall immediately
notify agencies of the Department of the Interior and
tribes of that resolution.
(c) LIST.—The Secretary shall publish a list of tribes,
with date of action, that have filed with the Secretary a
formal resolution under subsection (b).
(d) RULE OF CONSTRUCTION.—Nothing in section
504 is intended to supersede any tribal interstate succes-
sion law that became effective before the date of enact-
ment of this Act.
(e) OTHER LAW.—Except as provided in subsection
(c), the trust preservation limitations set forth in section
502 shall not preclude the application of any other Federal
law relating to Indian inheritance. Nothing in this section
shall be construed to preclude the application of a more
restrictive requirement under the laws of the tribe.
(f) SPECIAL LAWS.—A tribe may enact tribal laws
relating to inheritance to apply to that tribe in lieu of the
requirements of this title. If the Secretary approves those
laws, the laws shall supersede this title with respect to
that tribe.
(g) COMPILATION.—The Secretary shall maintain a
compilation of the tribal laws that the Secretary approves
under subsection (f). The compilation shall indicate the
date of approval of each such law. Upon the approval of
each such law, the Secretary shall notify each agency of
the Department of the Interior and each tribe that per-
forms probate functions.
SEC. 502. PRESERVATION OF TRUST STATUS.
With respect to the inheritance of trust or restricted
lands—
(1) inheritance by non-Indians shall be limited
to receipt of a life estate, with remainder over to the
next Indian heirs in line of inheritance;
(2) non-Indian heirs-at-law shall receive a life
estate to the extent of the intestate share deter-
mined in accordance with applicable law; and
(3) eligible non-Indian devisees (as determined
in accordance with applicable law) shall receive a life
estate in the full share devised to those devisees by
will.
SEC. 503. ELIGIBLE WILL DEVISEES.
(a) IN GENERAL.—No person shall be entitled to re-
ceive trust or restricted lands by devise other than—
(1) the decedent’s heirs-at-law relatives within
the first and second degree;
(2) members of the tribe with jurisdiction over
the lands devised; or
(3) the tribe with jurisdiction over the devised
lands.
(b) SPECIAL RULE.—A decedent that does not have
a family member who meets the description under para-
graph (1), (2), or (3) of subsection (a) may devise that
decedent’s estate or particular assets thereof to any devi-
see related to the decedent by blood.
(c) JOINT TENANCIES.—Devises to multiple bene-
ficiaries shall be construed as joint tenancies subject to
right of survivorship.
SEC. 504. INTESTATE SUCCESSION.
(a) IN GENERAL.—Subject to the limitations under
section 502, in any case in which an Indian dies in posses-
sion of any interest in trust or restricted land and did
not execute a will disposing of that interest, the surviving
spouse of that decedent shall have a life estate in 1⁄3 of
that interest.
(b) SUCCESSION
UPON
DEATH
OF
SURVIVING
SPOUSE.—Upon the death of a surviving spouse described
in subsection (a), the interest the trust or restricted land
referred to in that subsection shall be passed—
(1) to the decedent’s children in equal shares by
right of representation;
(2) if the decedent is not survived by children
or the issue of children, to the parents of the dece-
dent in equal shares or to the surviving parent if one
parent is deceased;
(3) if the decedent is not survived by children,
or issue of the children, or parents, to the brothers
and sisters of the decedent without right of rep-
resentation; or
(4) if the decedent has no heirs under para-
graphs (1) through (3)—
(A) to the tribe with jurisdiction over the
interest in the trust or restricted land; or
(B) with respect to any interest in trust or
restricted land that is not located on a reserva-
tion, to the Secretary to be maintained and ad-
ministered in trust, in a land pool designated to
hold allotted land interests that are not eligible
for inheritance under this subsection.
SEC. 505. PRETERMISSION.
With respect to an Indian testator who dies without
having made a will to include afterborn children, and the
omission is the product of inadvertence rather than an in-
tentional omission, afterborn children shall be given a life
estate in all trust or restricted assets of the estate in the
amount of the child’s intestate share.
SEC. 506. RULE OF CONSTRUCTION.
Nothing in this Act is intended to invalidate any law
enacted by a tribe under section 207 of the Indian Land
Consolidation Act (as in effect before the date of enact-
ment of this Act).
SEC. 507. RECOGNIZING CUSTOMARY ADOPTIONS FOR
ALASKA NATIVES.
Any Alaska Native individual who considers himself
to be customarily adopted to a decedent and who has not
previously had a reason for legal recognition of the adop-
tive relationship may present an affidavit claiming his
adoptive relationship to the decedent. If any affected
heirs-at-law do not dispute the relationship, or if the
weight of the evidence supports the individual’s affidavit,
the individual may inherit the same share as he would in-
herit if he were legally adopted in court proceedings.
TITLE VI—GENERAL
PROVISIONS
SEC. 601. TAX EXEMPTION.
All lands or interests in land acquired for an Indian
or Indian tribe under authority of this Act shall be exempt
from Federal, State, and county taxation.
SEC. 602. AUTHORITY OF TRIBAL GOVERNMENT.
Nothing in this Act shall be construed as vesting the
governing body of an Indian tribe with any authority that
is not authorized by the constitution and bylaws or other
organizational document of that tribe.
SEC. 603. WAIVERS.
The Secretary shall waive any regulation under title
25, Code of Federal Regulations, or any subsequent simi-
lar regulation, that restricts the implementation of a tribal
fractionated land consolidation plan.
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