(5) 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 ‘‘Cher-
okee,’’; and
(B) by striking ‘‘derived and shall’’ and in-
serting the following: ‘‘derived. Such lands, in-
terests, 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
section 202(a) of the Five Nations Indian Land
Reform Act shall’’.
(6) Section 1 of the Act of October 22, 1970
(84 Stat. 1091, Public Law 91–495), 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,
advising Individual Indians owning restricted prop-
erty (and to private counsel for such Individual Indi-
ans if any) of their legal rights with respect to the
restricted property owned by such Individual Indi-
ans;
(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 any other appropriate remedy;
(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;
and
(5) appear specially before the Oklahoma Cor-
poration Commission on behalf of the Secretary to
protect Individual Indians’ restricted property inter-
ests.
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 effec-
tive date of this Act by the Secretary in the appropriate
land titles and records offices, 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 re-
moving restrictions, imposing restrictions, approving
conveyances, approving leases, approving voluntary
partitions, approving mortgages, probating wills, or
determining heirs, and approving orders of the Okla-
homa Corporation Commission.
(2) Any notice issued by the Secretary pursuant
to section 402.
(b) CONSTRUCTIVE NOTICE.—The filing of said doc-
uments pursuant to this section shall constitute construc-
tive notice to the public of the effect of said documents
filed.
(c) CERTIFICATION OF AUTHENTICITY.—The Sec-
retary shall have authority to certify the authenticity of
copies of such documents and title examiners shall be enti-
tled to rely on said authenticated copies for the purpose
of determining marketability of title to the property de-
scribed therein.
SEC. 407. PUBLICATION OF DESIGNATED OFFICIALS.
The Secretary shall identify each designee for pur-
poses of the receipt of notices or the performance of any
Secretarial 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 af-
fect the rights of Individual Indians under other Federal
laws relating to the acquisition and status of trust prop-
erty, including without limitation, the following:
(1) The Act of June 18, 1934 (25 U.S.C. 461
et seq.) (commonly known as the ‘‘Indian Reorga-
nization 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. TRANSMISSION OF POWER FROM INDIAN LANDS
IN OKLAHOMA.
To the extent the Southwestern Power Administra-
tion makes transmission capacity available without replac-
ing the present capacity of existing users of the Adminis-
tration’s transmission system, the Administrator of the
Southwestern Power Administration shall take such ac-
tions as may be necessary, in accordance with all applica-
ble Federal law, to make the transmission services of the
Administration available for the transmission of electric
power generated at facilities located on land within the
jurisdictional area of any Oklahoma Indian tribe (as deter-
mined by the Secretary of the Interior) recognized by the
Secretary as eligible for trust land status under 25 CFR
Part 151. The owner or operator of the generation facili-
ties concerned shall reimburse the Administrator for all
costs of such actions in accordance with standards applica-
ble to payment of such costs by other users of the South-
western Power Administration transmission system.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out this Act.
SEC. 411. EFFECTIVE DATE.
Except for section 409, the provisions of this Act
shall take effect on January 1, 2004.
Passed the House of Representatives June 11, 2002.
Attest:
Clerk.