Indian Land Probate Reform Technical Corrections Act of 2005
PL 109-157 (S.1481), enacted 12/30/2005

119 STAT. 2949
PUBLIC LAW 109–157—DEC. 30, 2005
Public Law 109–157
109th Congress
An Act
To amend the Indian Land Consolidation Act to provide for probate reform.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Indian Land Probate Reform
Technical Corrections Act of 2005’’.
SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.
Section 205 of the Indian Land Consolidation Act (25 U.S.C.
2204) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) PURCHASE OF LAND.—
‘‘(1) IN GENERAL.—Subject to subsection (b), any Indian
tribe may purchase, at not less than fair market value and
with the consent of the owners of the interests, part or all
of the interests in—
‘‘(A) any tract of trust or restricted land within the
boundaries of the reservation of the tribe; or
‘‘(B) land that is otherwise subject to the jurisdiction
of the tribe.
‘‘(2) REQUIRED CONSENT.—
‘‘(A) IN GENERAL.—The Indian tribe may purchase all
interests in a tract described in paragraph (1) with the
consent of the owners of undivided interests equal to at
least 50 percent of the undivided interest in the tract.
‘‘(B) INTEREST OWNED BY TRIBE.—Interests owned by
an Indian tribe in a tract may be included in the computa-
tion of the percentage of ownership of the undivided
interests in that tract for purposes of determining whether
the consent requirement under subparagraph (A) has been
met.’’;
(2) by redesignating subsection (d) as subsection (c); and
(3) in subsection (c) (as redesignated by paragraph (2))—
(A) in paragraph (2)—
(i) in subparagraph (G)(ii)(I), by striking ‘‘a higher
valuation of the land’’ and inserting ‘‘a value of the
land that is equal to or greater than that of the earlier
appraisal’’; and
(ii) in subparagraph (I)(iii)—
(I) in subclause (III), by inserting ‘‘(if any)’’
after ‘‘this section’’; and
(II) in subclause (IV)—
25 USC 2201
note.
Indian Land
Probate Reform
Technical
Corrections Act
of 2005.
Dec. 30, 2005
[S. 1481]
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119 STAT. 2950
PUBLIC LAW 109–157—DEC. 30, 2005
(aa) in item (aa), by striking ‘‘less’’ and
inserting ‘‘more’’; and
(bb) in item (bb), by striking ‘‘to imple-
ment this section’’ and inserting ‘‘under para-
graph (5)’’; and
(B) in paragraph (5), in the second sentence, by striking
‘‘shall’’ and inserting ‘‘may’’.
SEC. 3. TRIBAL PROBATE CODES.
Section 206 of the Indian Land Consolidation Act (25 U.S.C.
2205) is amended—
(1) in subsection (b)(3), by striking subparagraph (A) and
inserting the following:
‘‘(A) the date that is 1 year after the date on which
the Secretary makes the certification required under sec-
tion 8(a)(4) of the American Indian Probate Reform Act
of 2004 (25 U.S.C. 2201 note; Public Law 108–374); or’’;
and
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘section’’ and all
that follows through ‘‘the Indian tribe’’ and inserting ‘‘sec-
tion 207(b)(2)(A)(ii), the Indian tribe’’; and
(B) in paragraph (2)(A)(i)(II)(bb), by inserting ‘‘in
writing’’ after ‘‘agrees’’.
SEC. 4. DESCENT AND DISTRIBUTION.
(a) IN GENERAL.—Section 207 of the Indian Land Consolidation
Act (25 U.S.C. 2206) is amended—
(1) by redesignating subsections (h) through (p) as sub-
sections (g) through (o), respectively;
(2) in subsection (g) (as redesignated by paragraph (1))—
(A) in paragraph (2)—
(i) by inserting ‘‘specifically’’ after ‘‘pertains’’; and
(ii) by striking subparagraph (B) and inserting
the following:
‘‘(B) the allotted land (or any interest relating to such
land) of 1 or more specific Indian tribes expressly identified
in Federal law, including any of the Federal laws governing
the probate or determination of heirs associated with, or
otherwise relating to, the land, interest in land, or other
interests or assets that are owned by individuals in—
‘‘(i) Five Civilized Tribes restricted fee status; or
‘‘(ii) Osage Tribe restricted fee status.’’; and
(B) by adding at the end the following:
‘‘(3) EFFECT OF SUBSECTION.—Except to the extent that
this Act otherwise affects the application of a Federal law
described in paragraph (2), nothing in this subsection limits
the application of this Act to trust or restricted land, interests
in such land, or any other trust or restricted interests or
assets.’’;
(3) in subsection (h) (as redesignated by paragraph (1))—
(A) in paragraph (6), by striking ‘‘(25 U.S.C. 2205)’’;
and
(B) in paragraph (7), by inserting ‘‘in trust or restricted
status’’ after ‘‘testator’’;
(4) in subsection (j) (as redesignated by paragraph (1))—
(A) in paragraph (2)(A)—
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119 STAT. 2951
PUBLIC LAW 109–157—DEC. 30, 2005
(i) in clause (ii)(I), by striking ‘‘the date of enact-
ment of this subparagraph’’ and inserting ‘‘the date
that is 1 year after the date on which the Secretary
publishes a notice of certification under section 8(a)(4)
of the American Indian Probate Reform Act of 2004
(25 U.S.C. 2201 note; Public Law 108–374)’’; and
(ii) in clause (iii), by striking ‘‘the provisions of
section 
207(a)(2)(A)’’ 
and 
inserting 
‘‘subsection
(a)(2)(A)’’;
(B) in paragraph (8)(D), by striking ‘‘the provisions
of section 207(a)(2)(D) (25 U.S.C. 2206(a)(2)(D))’’ and
inserting ‘‘subsection (a)(2)(D)’’; and
(C) in paragraph (9)(C)—
(i) by striking ‘‘section 207(e) (25 U.S.C. 2206(e))’’
and inserting ‘‘subsection (e)’’; and
(ii) by striking ‘‘section 207(p) (25 U.S.C. 2206(p))’’
and inserting ‘‘subsection (o)’’; and
(5) in subsection (o) (as redesignated by paragraph (1))—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘section 207(a)(2)(A) or (D)’’ and inserting
‘‘subparagraph (A) or (D) of subsection (a)(2)’’; and
(ii) in subparagraph (A), by striking ‘‘section
207(b)(1)(A)’’ and inserting ‘‘subsection (b)(1)(A)’’;
(B) 
in 
paragraph 
(3)(B), 
by 
striking 
‘‘section
207(a)(2)(A) or (D)’’ and inserting ‘‘subparagraph (A) or
(D) of subsection (a)(2)’’; and
(C) in paragraph (6)—
(i) in the first sentence, by striking ‘‘Proceeds’’
and inserting the following:
‘‘(A) IN GENERAL.—Proceeds’’; and
(ii) by striking the second sentence and inserting
the following:
‘‘(B) HOLDING
IN
TRUST.—Proceeds described in
subparagraph (A) shall be deposited and held in an account
as trust personalty if the interest sold would otherwise
pass to—
‘‘(i) the heir, by intestate succession under sub-
section (a); or
‘‘(ii) the devisee in trust or restricted status under
subsection (b)(1).’’.
(b) 
NONTESTAMENTARY
DISPOSITION.—Section
207(a)(2)(D)(iv)(I)(aa) of the Indian Land Consolidation Act (25
U.S.C. 2206(a)(2)(D)(iv)(I)(aa)) is amended—
(1) by striking ‘‘clause (iii)’’ and inserting ‘‘this subpara-
graph’’; and
(2) in subitem (BB), by striking ‘‘any co-owner’’ and
inserting ‘‘not more than 1 co-owner’’.
(c) JOINT TENANCY; RIGHT OF SURVIVORSHIP.—Section 207(c)
of the Indian Land Consolidation Act (25 U.S.C. 2206(c)) is amended
by striking the subsection heading and inserting the following:
‘‘(c) JOINT TENANCY; RIGHT OF SURVIVORSHIP.—’’.
(d) ESTATE PLANNING ASSISTANCE.—Section 207(f)(3) of the
Indian Land Consolidation Act (25 U.S.C. 2206(f)(3)) is amended
in the matter preceding subparagraph (A) by inserting ‘‘, including
noncompetitive grants,’’ after ‘‘grants’’.
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119 STAT. 2952
PUBLIC LAW 109–157—DEC. 30, 2005
SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.
Section 213 of the Indian Land Consolidation Act (25 U.S.C.
2212) is amended—
(1) by striking the section heading and inserting the fol-
lowing:
‘‘SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.’’;
and
(2) in subsection (a)(1), by striking ‘‘(25 U.S.C. 2206(p))’’.
SEC. 6. ESTABLISHING FAIR MARKET VALUE.
Section 215 of the Indian Land Consolidation Act (25 U.S.C.
2214) is amended by striking the last sentence and inserting the
following: ‘‘Such a system may govern the amounts offered for
the purchase of interests in trust or restricted land under this
Act.’’.
SEC. 7. LAND OWNERSHIP INFORMATION.
Section 217(e) of the Indian Land Consolidation Act (25 U.S.C.
2216(e)) is amended by striking ‘‘be made available to’’ and inserting
‘‘be made available to—’’.
SEC. 8. CONFORMING AMENDMENTS.
(a) PROBATE REFORM.—The American Indian Probate Reform
Act of 2004 (25 U.S.C. 2201 note; Public Law 108–374) is amended—
(1) in section 4, by striking ‘‘(as amended by section
6(a)(2))’’; and
(2) in section 9, by striking ‘‘section 205(d)(2)(I)(i)’’ and
inserting ‘‘section 205(c)(2)(I)(i) of the Indian Land Consolida-
tion Act (25 U.S.C. 2204(c)(2)(I)(i))’’.
(b) TRANSFER AND EXCHANGE OF LAND.—Section 4 of the Act
of June 18, 1934 (25 U.S.C. 464) is amended to read as follows:
‘‘SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND
AND SHARES OF INDIAN TRIBES AND CORPORATIONS.
‘‘(a) APPROVAL.—Except as provided in this section, no sale,
devise, gift, exchange, or other transfer of restricted Indian land
or shares in the assets of an Indian tribe or corporation organized
under this Act shall be made or approved.
‘‘(b) TRANSFER TO INDIAN TRIBE.—
‘‘(1) IN GENERAL.—Land or shares described in subsection
(a) may be sold, devised, or otherwise transferred to the Indian
tribe on the reservation of which the land is located, or in
the corporation of which the shares are held or were derived
(or a successor of such a corporation), with the approval of
the Secretary of the Interior.
‘‘(2) DESCENT AND DEVISE.—Land and shares transferred
under paragraph (1) shall descend or be devised to any member
of the Indian tribe or corporation (or an heir of such a member)
in accordance with the Indian Land Consolidation Act (25
U.S.C. 2201 et seq.), including a tribal probate code approved
under that Act (including regulations).
‘‘(c) VOLUNTARY EXCHANGES.—The Secretary of the Interior
may authorize a voluntary exchange of land or shares described
in subsection (a) that the Secretary determines to be of equal
value if the Secretary determines that the exchange is—
‘‘(1) expedient;
25 USC 2201
note.
25 USC 2204.
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119 STAT. 2953
PUBLIC LAW 109–157—DEC. 30, 2005
LEGISLATIVE HISTORY—S. 1481:
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 26, considered and passed Senate.
Dec. 18, considered and passed House.
‘‘(2) beneficial for, or compatible with, achieving proper
consolidation of Indian land; and
‘‘(3) for the benefit of cooperative organizations.’’.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall be effective as if
included in the American Indian Probate Reform Act of 2004 (25
U.S.C. 2201 note; Public Law 108–374).
Approved December 30, 2005.
25 USC 464 note.
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