Indian Land Consolidation Act Amendments of 2000
PL 106-462 (S.1586), enacted 11/07/2000

PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 1991 
Public Law 106-462 
106th Congress 
An Act 
To reduce the firactionated ownership of Indian lands, and for other purposes. 
Nov. 7, 2000 
[S. 1586] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Indian Land 
o.w^<.«r.^^^r - ^w^^nrn rn^r.^ », 
Consolidation Act 
SECTION 1. SHORT TITLE. 
Amendments of 
This Act may be cited as the "Indian Land Consolidation Act 
2000. 
25 u s e 2201 
Amendments of 2000". 
note 
TITLE I—INDIAN LAND CONSOLIDATION 
SEC. 101. FINDINGS. 
25USC2201 
Congress finds that— 
(1) in the 1800's and early 1900's, the United States sought 
to assimilate Indian people into the surrounding non-Indian 
culture by allotting tribal lands to individual members of Indian 
tribes; 
(2) as a result of the allotment Acts and related Federal 
policies, over 90,000,000 acres of land have passed from tribal 
ownership; 
(3) many trust allotments were taken out of trust status, 
often without their owner's consent; 
(4) without restrictions on alienation, allotment owners 
were subject to exploitation and their allotments were often 
sold or disposed of without any tangible or enduring benefit 
to their owners; 
(5) the trust periods for trust allotments have been 
extended indefinitely; 
(6) because of the inheritance provisions in the original 
treaties or allotment Acts, the ownership of many of the trust 
allotments that have remained in trust status has become 
fractionated into hundreds or thousands of undivided interests, 
many of which represent 2 percent or less of the total interests; 
(7) Congress has authorized the acquisition of lands in 
trust for individual Indians, and many of those lands have 
also become fractionated by subsequent inheritance; 
(8) the acquisitions referred to in paragraph (7) continue 
to be made; 
(9) the fractional interests described in this section often 
provide little or no return to the beneficial owners of those 
interests and the administrative costs borne by the United 
States for those interests are inordinately high; 
(10) in Babbitt v. Youpee (117 S Ct. 727 (1997)), the United 
States Supreme Court found the application of section 207 
114 STAT. 1992 
PUBLIC LAW 106-462—NOV. 7, 2000 
of the Indian Land Consolidation Act (25 U.S.C. 2206) to the 
facts presented in that case to be unconstitutional, forcing 
the Department of the Interior to address the status of thou-
sands of undivided interests in trust and restricted lands; 
(11)(A) on February 19, 1999, the Secretary of the Interior 
issued a Secretarial Order which officially reopened the probate 
of all estates where an interest in land was ordered to escheat 
to an Indian tribe pursuant to section 207 of the Indian Land 
Consolidation Act (25 U.S.C. 2206); and 
(B) the Secretarial Order also directed appropriate officials 
of the Bureau of Indian Affairs to distribute such interests 
"to the rightful heirs and beneficiaries without regard to 25 
U.S.C. 2206"; 
(12) in the absence of comprehensive remedial legislation, 
the number of the fractional interests will continue to grow 
exponentially; 
(13) the problem of the fractionation of Indian lands 
described in this section is the result of a policy of the Federal 
Government, cannot be solved by Indian tribes, and requires 
a solution under Federal law. 
(14) any devise or inheritance of an interest in trust or 
restricted Indian lands is a matter of Federal law; and 
(15) consistent with the Federal policy of tribal self-deter-
mination, the Federal Grovemment should encourage the recog-
nized tribal government that exercises jurisdiction over a res-
ervation to establish a tribal probate code for that reservation. 
25 use 2201 
SEC. 102. DECLARATION OF POUCY. 
It is the policy of the United States— 
(1) to prevent the further fractionation of trust allotments 
made to Indians; 
(2) to consolidate fractional interests and ownership of 
those interests into usable parcels; 
(3) to consolidate fractional interests in a manner that 
enhances tribal sovereignty; 
(4) to promote tribal self-sufficiency and self-determination; 
and 
(5) to reverse the effects of the allotment policy on Indian 
tribes. 
25 use 2201 
SEC. 103. AMENDMENTS TO THE INDIAN LAND CONSOLIDATION ACT. 
"°*®" 
The Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) 
is amended— 
(1) in section 202— 
(A) in paragraph (1), by striking "(1) 'tribe'" and 
inserting "(1) 'Indian tribe' or 'tribe'"; 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
"(2) 'Indian' means any person who is a member of any 
Indian tribe or is eligible to become a member of any Indian 
tribe, or any person who has been found to meet the definition 
of 'Indian' under a provision of Federal law if the Secretary 
determines that using such law's definition of Indian is con-
sistent with the purposes of this Act;"; 
(C) by striking "and" at the end of paragraph (3); 
(D) by striking the period at the end of paragraph 
(4) and inserting "; and"; and 
(E) by adding at the end the following: 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 1993 
"(5) 'heirs of the first or second degree' means parents, 
children, grandchildren, grandparents, brothers and sisters of 
a decedent."; 
(2) in section 205— 
25 USC 2204. 
(A) in the matter preceding paragraph (1)— 
(i) by striking "Any Indian" and inserting "(a) IN 
GENERAL.—Subject to subsection (b), any Indian"; 
(ii) by striking the colon and inserting the fol-
lowing: ". Interests owned by an Indian tribe in a 
tract may be included in the computation of the 
percentage of ownership of the undivided interests in 
that tract for purposes of determining whether the 
consent requirement under the preceding sentence has 
been met."; 
(iii) by striking ": Provided, That—^ and inserting 
the following: 
"(b) CONDITIONS APPLICABLE TO PURCHASE.—Subsection (a) 
applies on the condition that—"; 
(B) in paragraph (2)— 
(i) by striking "If," and inserting "if'; and 
(ii) by adding "and" at the end; and 
(C) by striking paragraph (3) and inserting the fol-
lowing: 
"(3) the approval of the Secretary shall be required for 
a land sale initiated under this section, except that such 
approval shall not be required with respect to a land sale 
transaction initiated by an Indian tribe that has in effect a 
land consolidation plan that has been approved by the Secretary 
under section 204."; 
(3) by striking section 206 and inserting the following: 25 USC 2205. 
"SEC. 206. TRIBAL PROBATE CODES; ACQUISITIONS OF FRACTIONAL 
INTERESTS BY TRIBES. 
"(a) TRIBAL PROBATE CODES.— 
"(1) IN GENERAL.—^Notwithstanding any other provision of 
law, any Indian tribe may adopt a tribal probate code to govern 
descent and distribution of trust or restricted lands that are— 
"(A) located within that Indian tribe's reservation; or 
"(B) otherwise subject to the jurisdiction of that Indian 
tribe. 
"(2) POSSIBLE INCLUSIONS.—A tribal probate code referred 
to in paragraph (1) may include— 
"(A) rules of intestate succession; and 
"(B) other tribal probate code provisions that are con-
sistent with Federal law and that promote the policies 
set forth in section 102 of the Indian Land Consolidation 
Act Amendments of 2000. 
"(3) LIMITATIONS.—^The Secretary shall not approve a tribal 
probate code if such code prevents an Indian person from inher-
iting an interest in an allotment that was originally allotted 
to his or her lineal ancestor. 
"(b) SECRETARIAL APPROVAL.— 
"(1) IN GENERAL.—^Any tribal probate code enacted under 
subsection (a), and any amendment to such a tribal probate 
code, shall be subject to the approval of the Secretary. 
"(2) REVIEW AND APPROVAL.— 
114 STAT. 1994 
PUBLIC LAW 106-462—NOV. 7, 2000 
"(A) IN GENERAL.—Each Indian tribe that adopts a 
tribal probate code under subsection (a) shall submit that 
Deadline. 
code to the Secretary for review. Not later than 180 days 
after a tribal probate code is submitted to the Secretary 
under this paragraph, the Secretary shall review and 
approve or disapprove that tribal probate code. 
"(B) CONSEQUENCE OF FAILURES TO APPROVE OR DIS-
APPROVE A TRIBAL PROBATE CODE.—If the Secretary fails 
to approve or disapprove a tribal probate code submitted 
for review under subparagraph (A) by the date specified 
in that subparagraph, the tribal probate code shall be 
deemed to have been approved by the Secretary, but only 
to the extent that the tribed probate code is consistent 
with Federal law and promotes the policies set forth in 
section 102 of the Indian Land Consolidation Act Amend-
ments of 2000. 
"(C) 
CONSISTENCY OF TRIBAL PROBATE CODE WITH 
ACT.—^The Secretary may not approve a tribal probate code, 
or any amendment to such a code, under this paragraph 
unless the Secretary determines that the tribal probate 
code promotes the policies set forth in section 102 of the 
Indian Land Consolidation Act Amendments of 2000. 
"(D) EXPLANATION.—If the Secretary disapproves a 
tribal probate code, or an amendment to such a code, 
under this paragraph, the Secretary shsdl include in the 
notice of disapproval to the Indian tribe a written expla-
nation of the reasons for the disapproval. 
"(E) AMENDMENTS.— 
"(i) IN GENERAL.—^Each Indian tribe that amends 
a tribal probate code under this paragraph shall submit 
the amendment to the Secretary for review and 
Deadline. 
approval. Not later than 60 days after receiving an 
amendment under this subparagraph, the Secretary 
shall review and approve or disapprove the amend-
ment. 
"(ii) CONSEQUENCE OF FAILURE TO APPROVE OR DIS-
APPROVE AN AMENDMENT.—If the Secretary fails to 
approve or disapprove an amendment submitted under 
clause (i), the amendment shall be deemed to have 
been approved by the Secretary, but only to the extent 
that the amendment is consistent with Federal law 
and promotes the policies set forth in section 102 of 
the Indian Land Consolidation Act of 2000. 
"(3) EFFECTIVE DATES.—A tribal probate code approved 
under paragraph (2) shall become effective on the later of— 
"(A) the date specified in section 207(g)(5); or 
"(B) 180 days after the date of approval. 
"(4) LIMITATIONS.— 
"(A) TRIBAL PROBATE CODES.—Each tribal probate code 
enacted under subsection (a) shall apply only to the estate 
of a decedent who dies on or after the effective date of 
the tribal probate code. 
"(B) AMENDMENTS TO TRIBAL PROBATE CODES.—^With 
respect to an amendment to a tribal probate code referred 
to in subparagraph (A), that amendment shall apply only 
to the estate of a decedent who dies on or after the effective 
date of the amendment. 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT., 1995 
**(5) REPEALS.—^The repeal of a tribal probate code shall— 
"(A) not become effective earlier than the date that 
Effective date, 
is 180 days after the Secretary receives notice of the repeal; 
and 
"(B) apply only to the estate of a decedent who dies 
on or after the effective date of the repeal. 
"(c) AUTHORITY AVAILABLE TO INDIAN TRIBES.— 
"(1) IN GENERAL.—If the owner of an interest in trust 
or restricted land devises an interest in such land to a non-
Indian under section 207(a)(6)(A), the Indian tribe that exer-
cises jurisdiction over the parcel of land involved may acquire 
such interest by paying to the Secretary the fair market value 
of such interest, as determined by the Secretary on the date 
of the decedent's death. The Secretary shall transfer such pay-
ment to the devisee. 
"(2) LIMITATION.— 
"(A) IN GENERAL.—^Paragraph (1) shall not apply to 
an interest in trust or restricted land if, while the 
decedent's estate is pending before the Secretary, the non-
Indian devisee renounces the interest in favor of an Indian 
person. 
"(B) RESERVATION OF LIFE ESTATE.—A non-Indian devi-
see described in subparagraph (A) or a non-Indian devisee 
described in section 207(a)(6)(B), may retain a life estate 
in the interest involved, including a life estate to the rev-
enue produced from the interest. The amount of any pay-
ment required under paragraph (1) shall be reduced to 
reflect the value of any life estate reserved by a non-
Indian devisee under this subparagraph. 
"(3) PAYMENTS.—^With respect to payments by an Indian 
tribe under paragraph (1), the Secretary shall— 
"(A) upon the request of the tribe, allow a reasonable 
period of time, not to exceed 2 years, for the tribe to 
make pajonents of amounts due pursuant to paragraph 
(1); or 
"(B) recognize alternative agreed upon exchanges of 
consideration or extended pa5anent terms between the non-
Indian devisee described in paragraph (1) and the tribe 
in satisfaction of the payment under paragraph (1). 
"(d) USE OF PROPOSED FINDINGS BY TRIBAL JUSTICE SYSTEMS.— 
"(1) TRIBAL JUSTICE SYSTEM DEFINED.—In this subsection, 
the temj 'tribal justice system' has the meaning given that 
term in section 3 of the Indian Tribal Justice Act (25 U.S.C. 
3602). 
"(2) REGULATIONS.—^The Secretary by regulation may pro-
vide for the use of findings of fact and conclusions of law, 
as rendered by a tribal justice system, as proposed findings 
of fact and conclusions of law in the adjudication of probate 
proceedings by the Department of the Interior."; 
(4) by striking section 207 and inserting the following: 25USC2206. 
"SEC. 207. DESCENT AND DISTRIBUTION. 
"(a) TESTAMENTARY DISPOSITION.— 
"(1) IN GENERAL.—Interests in trust or restricted land may 
be devised only to— 
"(A) the decedent's Indian spouse or any other Indian 
person; or 
114 STAT. 1996 
PUBLIC LAW 106-462—NOV. 7, 2000 
"(B) the Indian tribe with jurisdiction over the land 
so devised. 
"(2) LIFE ESTATE.—^Any devise of an interest in trust or 
restricted land to a non-Indian shall create a life estate with 
respect to such interest. 
"(3) REMAINDER.— 
"(A) IN GENERAL.—^Except where the remainder from 
the life estate referred to in paragraph (2) is devised to 
an Indian, such remainder shall descend to the decedent's 
Indian spouse or Indian heirs of the first or second degree 
pursuant to the applicable law of intestate succession. 
"(B) DESCENT OF INTERESTS.—If a decedent described 
in subparagraph (A) has no Indian heirs of the first or 
second degree, the remainder interest described in such 
subparagraph shall descend to any of the decedent's collat-
eral heirs of the first or second degree, pursuant to the 
applicable laws of intestate succession, if on the date of 
the decedent's death, such heirs were a co-owner of an 
interest in the parcel of trust or restricted land involved. 
"(C) DEFINITION.—^For purposes of this section, the 
term 'collateral heirs of the first or second degree' means 
the brothers, sisters, aunts, uncles, nieces, nephews, and 
first cousins, of a decedent. 
"(4) 
DESCENT 
TO TRIBE.—If 
the 
remainder 
interest 
described in paragraph (3)(A) does not descend to an Indian 
heir or heirs it shall descend to the Indian tribe that exercises 
jurisdiction over the parcel of trust or restricted lands involved, 
subject to paragraph (5). 
"(5) ACQUISITION OF INTEREST BY INDIAN CO-OWNERS.—An 
Indian co-owner of a parcel of trust or restricted land may 
prevent the descent of an interest in Indian land to an Indian 
tribe under paragraph (4) by pajdng into the decedent's estate 
the fair market value of the interest in such land. If more 
than 1 Indian co-owner offers to pay for such an interest, 
the highest bidder shall obtain the interest. If payment is 
not received before the close of the probate of the decedent's 
estate, the interest shall descend to the tribe that exercises 
jurisdiction over the parcel. 
"(6) SPECIAL RULE.— 
"(A) IN GENERAL,—^Notwithstanding paragraph (2), an 
owner of trust or restricted land who does not have an 
Indian spouse, Indian lineal descendant, an Indian heir 
of the first or second degree, or an Indian collateral heir 
of the first or second degree, may devise his or her interests 
in such land to any of the decedent's heirs of the first 
or second degree or collateral heirs of the first or second 
degree. 
"(B) ACQUISITION OF INTEREST BY TRIBE.—An Indian 
tribe that exercises jurisdiction over an interest in trust 
or restricted land described in subparagraph (A) may 
acquire any interest devised to a non-Indian as provided 
for in section 206(c). 
"(b) INTESTATE SUCCESSION.— 
"(1) IN GENERAL.—^An interest in trust or restricted land 
shall pass by intestate succession only to a decedent's spouse 
or heirs of the first or second degree, pursuant to the applicable 
law of intestate succession. 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 1997 
"(2) LIFE ESTATE.—^Notwithstanding paragraph (1), with 
respect to land described in such paragraph, a non-Indian 
spouse or non-Indian heirs of the first or second degree shall 
only receive a life estate in such land. 
"(3) DESCENT OF INTERESTS.—If a decedent described in 
paragraph (1) has no Indian heirs of the first or second degree, 
the remainder interest from the life estate referred to in para-
graph (2) shall descend to any of the decedent's collateral 
Indian heirs of the first or second degree, pursuant to the 
applicable laws of intestate succession, if on the date of the 
decedent's death, such heirs were a co-owner of an interest 
in the parcel of trust or restricted land involved. 
"(4) 
DESCENT 
TO TRIBE.—If 
the 
remainder 
interest 
described in paragraph (3) does not descend to an Indian heir 
or heirs it shall descend to the Indian tribe that exercises 
jurisdiction over the parcel of trust or restricted lands involved, 
subject to paragraph (5). 
"(5) ACQUISITION OF INTEREST BY INDIAN CO-OWNERS.—An 
Indian co-owner of a parcel of trust or restricted land may 
prevent the descent of an interest in such land for which 
there is no heir of the first or second degree by paying into 
the decedent's estate the fair market value of the interest 
in such land. If more than 1 Indian co-owner makes an offer 
to pay for such an interest, the highest bidder shall obtain 
the interest. If no such offer is made, the interest shall descend 
to the Indian tribe that exercises jurisdiction over the parcel 
of land involved. 
"(c) JOINT TENANCY; RIGHT OF SURVIVORSHIP.— 
"(1) TESTATE.—If a testator devises interests in the same 
parcel of trust or restricted lands to more than 1 person, in 
the absence of express language in the devise to the contrary, 
the devise shall be presumed to create joint tenancy with the 
right of survivorship in the land involved. 
"(2) INTESTATE.— 
"(A) IN GENERAL.—^Any interest in trust or restricted 
land that— 
*'(i) passes by intestate succession to more than 
1 person, including a remainder interest under sub-
section (a) or (b) of section 207; and 
"(ii) that constitutes 5 percent or more of the undi-
vided interest in a parcel of trust or restricted land; 
shall be held as tenancy in common. 
"(B) LIMITED INTEREST.—^Any interest in trust or 
restricted land that— 
"(i) passes by intestate succession to more than 
1 person, including a remainder interest under sub-
section (a) or (b) of section 207; and 
"(ii) that constitutes less than 5 percent of the 
undivided interest in a parcel of trust or restricted 
land; 
shall be held by such heirs with the right of survivorship. 
"(3) EFFECTIVE DATE.— 
"(A) IN GENERAL.—^This 
subsection 
(other 
than 
. subparagraph (B)) shall become effective on the later of— 
"(i) the date referred to in subsection (g)(5); or 
114 STAT. 1998 
PUBLIC LAW 106-462—NOV. 7, 2000 
"(ii) the date that is six months after the date 
on which the Secretary makes the certification required 
under subparagraph (B). 
"(B) CERTIFICATION.—^Upon a determination by the Sec-
retary that the Department of the Interior has the capacity, 
including pohcies and procedures, to track and manage 
interests in trust or restricted land held with the right 
of survivorship, the Secretary shall certify such determina-
tion and publish such certification in the Federal Register. 
"(d) DESCENT OF OFF-RESERVATION LANDS.— 
"(1) INDIAN RESERVATION DEFINED.—^For purposes of this 
subsection, the term 'Indian reservation' includes lands located 
within— 
Oklahoma. 
"(A)(i) Oklahoma; and 
"(ii) the boundaries of an Indian tribe's former reserva-
tion (as defined and determined by the Secretary); 
"(B) the boundaries of any Indian tribe's current or 
former reservation; or 
"(C) any area where the Secretary is required to pro-
vide special assistance or consideration of a tribe's acquisi-
tion of land or interests in land. 
"(2) DESCENT.—^Except in the State of California, upon 
the death of an individual holding an interest in trust or 
restricted lands that are located outside the boundaries of an 
Indian reservation and that are not subject to the jurisdiction 
of any Indian tribe, that interest shall descend either— 
"(A) by testate or intestate succession in trust to an 
Indian; or 
"(B) in fee status to any other devises or heirs. 
"(e) APPROVAL OF AGREEMENTS.—^The official authorized to 
adjudicate the probate of trust or restricted lands shall have the 
authority to approve agreements between a decedent's heirs and 
devisees to consolidate interests in trust or restricted lands. The 
agreements referred to in the preceding sentence may include trust 
or restricted lands that are not a part of the decedent's estate 
that is the subject of the probate. The Secretary may promulgate 
regulations for the implementation of this subsection. 
"(f) ESTATE PLANNING ASSISTANCE.— 
"(1) IN GENERAL.—^The Secretary shall provide estate plan-
ning assistance in accordance with this subsection, to the extent 
amounts are appropriated for such purpose. 
"(2) REQUIREMENTS.—^The estate planning assistance pro-
vided under paragraph (1) shall be designed to— 
"(A) inform, advise, and assist Indian landowners with 
respect to estate planning in order to facilitate the transfer 
of trust or restricted lands to a devisee or devisees selected 
by the landowners; and 
"(B) assist Indian landowners in accessing information 
pursuant to section 217(e). 
"(3) CONTRACTS.—In carrying out this section, the Secretary 
may enter into contracts with entities that have expertise in 
Indian estate planning and tribal probate codes. 
"(g) NOTIFICATION TO INDIAN TRIBES AND OWNERS OF TRUST 
OR RESTRICTED LANDS.— 
Deadline. 
"(1) IN GENERAL.—Not later than 180 days after the date 
Notification. 
of enactment of the Indian Land Consolidation Act Amendments 
of 2000, the Secretary shall notify Indian tribes and owners 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 1999 
of trust or restricted lands of the amendments made by the 
Indian Land Consolidation Act Amendments of 2000. 
"(2) SPECIFICATIONS.—^The notice required under paragraph 
(1) shall be designed to inform Indian owners of trust or 
restricted land of— 
"(A) the effect of this Act, with emphasis on the effect 
of the provisions of this section, on the testate disposition 
and intestate descent of their interests in trust or restricted 
land; and 
"(B) estate planning options available to the owners, 
including any opportunities for receiving estate planning 
assistance or advice. 
"(3) REQUIREMENTS.—^The Secretary shall provide the 
notice required under paragraph (1)— 
"(A) by direct mail for those Indians with interests 
in trust and restricted lands for which the Secretary has 
an address for the interest holder; 
"(B) through the Federal Register; 
"(C) through local newspapers in areas with significant 
Indian populations, reservation newspapers, and news-
papers that are directed at an Indian audience; and 
"(D) through any other means determined appropriate 
by the Secretary. 
"(4) CERTIFICATION.—^After providing notice under this sub-
section, the Secretary shall certify that the requirements of 
this suJbsection have been met and shall publish notice of such 
certification in the Federal Register. 
"(5) EFFECTIVE DATE.—^The provisions of this section shall 
not apply to the estate of an individual who dies prior to 
the day that is 365 days after the Secretary makes the certifi-
cation required under paragraph (4)."; 
(5) in section 208, by striking "section 206" and inserting 
"subsections (a) and (b) of section 206"; and 
(6) by adding at the end the following: 
"SEC. 213. PILOT PROGRAM FOR THE ACQUISITION OF FRACTIONAL 
INTERESTS. 
"(a) ACQUISITION BY SECRETARY.— 
"(1) IN GENERAL.—The Secretary may acquire, at the discre-
tion of the Secretary and with the consent of the owner, and 
at fair market value, any fractional interest in trust or 
restricted lands. 
"(2) AUTHORITY OF SECRETARY.— 
"(A) IN GENERAL.—The Secretary shall have the 
authority to acquire interests in trust or restricted lands 
under this section during the 3-year period beginning on 
the date of certification that is referred to in section 
207(g)(5). 
"(B) REQUIRED REPORT.—Prior to expiration of the 
authority provided for in subparagraph (A), the Secretary 
shall submit the report required under section 218 con-
cerning whether the program to acquire fractional interests 
should be extended or altered to make resources available 
to Indian tribes and individual Indian landowners. 
"(3) INTERESTS HELD IN TRUST.—Subject to section 214, 
the Secretary shall immediately hold interests acquired under 
Notification. 
Federal Register, 
publication. 
25 use 2207. 
25 use 2212. 
114 STAT. 2000 
PUBLIC LAW 106-462—NOV. 7, 2000 
this Act in trust for the recognized tribal government that 
exercises jurisdiction over the land involved. 
"(b) REQUIREMENTS.—In implementing subsection (a), the 
Secretary— 
"(1) shall promote the policies provided for in section 102 
of the Indian Land Consolidation Act Amendments of 2000; 
"(2) may give priority to the acquisition of fractional 
interests representing 2 percent or less of a parcel of trust 
or restricted land, especially those interests that would have 
escheated to a tribe but for the Supreme Court's decision in 
Babbitt v. Youpee (117 S Ct. 727 (1997)); 
"(3) to the extent practicable— 
"(A) shall consult with the tribal government that exer-
cises jurisdiction over the land involved in determining 
which tracts to acquire on a reservation; 
"(B) shall coordinate the acquisition activities with the 
acquisition program of the tribal government that exercises 
jurisdiction over the land involved, including a tribal land 
consolidation plan approved pursuant to section 204; and 
"(C) may enter into agreements (such agreements will 
not be subject to the provisions of the Indian Self-Deter-
mination and Education Assistance Act of 1974) with the 
tribal government that exercises jurisdiction over the land 
involved or a subordinate entity of the tribal government 
to carry out some or all of the Secretary's land acquisition 
program; and 
"(4) shall minimize the administrative costs associated with 
the land acquisition program. 
"(c) SALE OF INTEREST TO INDIAN LANDOWNERS.— 
"(1) CONVEYANCE AT REQUEST.— 
"(A) IN GENERAL.—At the request of any Indian who 
owns at least 5 percent of the undivided interest in a 
parcel of trust or restricted land, the Secretary shall convey 
an interest acquired under this section to the Indian land-
owner upon pa)mrient by the Indian landowner of the 
amount paid for the interest by the Secretary. 
"(B) LIMITATION.—^With respect to a conveyance under 
this subsection, the Secretary shall not approve an applica-
tion to terminate the trust status or remove the restrictions 
of such an interest. 
"(2) MULTIPLE OWNERS.—If more than one Indian owner 
requests an interest under paragraph (1), the Secretary shall 
convey the interest to the Indian owner who owns the largest 
percentage of the undivided interest in the parcel of trust 
or restricted land involved. 
"(3) LIMITATION.—If an Indian tribe that has jurisdiction 
over a parcel of trust or restricted land owns 10 percent or 
more of the undivided interests in a parcel of such land, such 
interest may only be acquired under paragraph (1) with the 
consent of such Indian tribe. 
25 USE 2213. 
"SEC. 214. ADMIMSTRATION OF ACQUIRED FRACTIONAL INTERESTS, 
DISPOSITION OF PROCEEDS. 
"(a) IN GENERAL.—Subject to the conditions described in sub-
section (b)(1), an Indian tribe receiving a fractional interest under 
section 213 may, as a tenant in common with the other owners 
of the trust or restricted lands, lease the interest, sell the resources. 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 2001 
consent to the granting of rights-of-way, or engage in any other 
transaction affecting the trust or restricted land authorized by 
law. 
"(b) CONDITIONS.— 
"(1) IN GENERAL.—^The conditions described in this para-
graph are as follows: 
"(A) Until the purchase price paid by the Secretary 
for an interest referred to in subsection (a) has been recov-
ered, or until the Secretary makes any of the findings 
under paragraph (2)(A), any lease, resource sale contract, 
right-of-way, or other document evidencing a transaction 
affecting the interest shall contain a clause providing that 
all revenue derived from the interest shall be paid to the 
Secretary. 
"(B) Subject to subparagraph (C), the Secretary shall 
deposit any revenue derived under subparagraph (A) into 
the Acquisition Fund created under section 216. 
"(C) The Secretary shall deposit any revenue that is 
paid under subparagraph (A) that is in excess of the pur-
chase price of the fractional interest involved to the credit 
of the Indian tribe that receives the fractional interest 
under section 213 and the tribe shall have access to such 
funds in the same manner as other funds paid to the 
Secretary for the use of lands held in trust for the tribe. 
"(D) Notwithstanding any other provision of law, 
including section 16 of the Act of June 18, 1934 (commonly 
referred to as the 'Indian Reorganization Act') (48 Stat. 
987, chapter 576; 25 U.S.C. 476), with respect to any 
interest acquired by the Secretary under section 213, the 
Secretary may approve a transaction covered under this 
section on behalf of a tribe until— 
"(i) the Secretary makes any of the findings under 
paragraph (2)(A); or 
"(ii) an amount equal to the purchase price of 
that interest has been paid into the Acquisition Fund 
created under section 216. 
"(2) EXCEPTION.—Paragraph (1)(A) shall not apply to any 
revenue derived from an interest in a parcel of land acquired 
by the Secretary under section 213 after— 
"(A) the Secretary makes a finding that— 
"(i) the costs of administering the interest will 
equal or exceed the projected revenues for the parcel 
involved; 
"(ii) in the discretion of the Secretary, it will take 
an unreasonable period of time for the parcel to gen-
erate revenue that equals the purchase price paid for 
the interest; or 
"(iii) a subsequent decrease in the value of land 
or commodities associated with the land make it likely 
that the interest will be unable to generate revenue 
that equals the purchase price paid for the interest 
in a reasonable time; or 
"(B) an amount equal to the purchase price of that 
interest in land has been psdd into the Acquisition Fund 
created under section 216. 
"(c) TRIBE NOT TREATED AS PARTY TO LEASE; NO EFFECT ON 
TRIBAL SOVEREIGNTY, IMMUNITY.— 
114 STAT. 2002 
PUBLIC LAW 106-462—NOV. 7, 2000 
"(1) IN GENERAL.—^Paragraph (2) shall apply with respect 
to any undivided interest in allotted land held by the Secretary 
in trust for a tribe if a lease or agreement under subsection 
(a) is otherwise applicable to such undivided interest by reason 
of this section even though the Indian tribe did not consent 
to the lease or agreement. 
"(2) APPLICATION OF LEASE.—The lease or agreement 
described in paragraph (1) shall apply to the portion of the 
undivided interest in allotted land described in such paragraph 
(including entitlement of the Indian tribe to payment under 
the lease or agreement), and the Indian tribe shall not be 
treated as being a party to the lease or agreement. Nothing 
in this section (or in the lease or agreement) shall be construed 
to affect the sovereignty of the Indian tribe. 
25 use 2214. 
"SEC. 215. ESTABUSHING FAIR MARKET VALUE. 
"For purposes of this Act, the Secretary may develop a system 
for establishing the fair market value of various types of lands 
and improvements. Such a system may include determinations of 
fair market value based on appropriate geographic units as deter-
mined by the Secretary. Such system may govern the amounts 
offered for the purchase of interests in trust or restricted lands 
under section 213. 
25 use 2215. 
"SEC. 216. ACQUISITION FUND. 
"(a) IN GENERAL.—^The Secretary shall establish an Acquisition 
Fimd to— 
"(1) disburse appropriations authorized to accomplish the 
purposes of section 213; and 
"(2) collect all revenues received from the lease, permit, 
or sale of resources from interests in trust or restricted lands 
transferred to Indian tribes by the Secretary under section 
213 or paid by Indian landowners under section 213(c). 
"(b) DEPOSITS; USE.— 
"(1) IN GENERAL.—Subject to paragraph (2), all proceeds 
from leases, permits, or resource sales derived from an interest 
in trust or restricted lands described in subsection (a)(2) shall— 
"(A) be deposited in the Acquisition Fund; and 
"(B) as specified in advance in appropriations Acts, 
be available for the purpose of acquiring additional frac-
tional interests in trust or restricted lands. 
"(2) MAXIMUM DEPOSITS OF PROCEEDS.-With respect to 
the deposit of proceeds derived from an interest under para-
graph (1), the aggregate amount deposited under that para-
graph shall not exceed the purchase price of that interest 
under section 213. 
25 use 2216. 
"SEC. 217. TRUST AND RESTRICTED LAND TRANSACTIONS. 
"(a) POLICY.—It is the policy of the United States to encourage 
and 
assist 
the 
consolidation 
of 
land 
ownership 
through 
transactions— 
"(1) involving individual Indians; 
"(2) between Indians and the tribal government that exer-
cises jurisdiction over the land; or 
"(3) between individuals who own an interest in trust and 
restricted land who wish to convey that interest to £in Indian 
or the tribal government that exercises jurisdiction over the 
parcel of land involved; 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 2003 
in a manner consistent with the poHcy of maintaining the trust 
status of allotted lands. Nothing in this section shall be construed 
to apply to or to authorize the sale of trust or restricted lands 
to a person who is not an Indian. 
"(b) SALES, EXCHANGES AND GIFT DEEDS BETWEEN INDIANS 
AND BETWEEN INDIANS AND INDIAN TRIBES.— 
"(1) IN GENERAL.— 
"(A) ESTIMATE OF VALUE.—^Notwithstanding any other 
provision of law and only after the Indian selling, 
exchanging, or conveying by gift deed for no or nominal 
consideration an interest in land, has been provided with 
an estimate of the value of the interest of the Indian 
pursuant to this section— 
"(i) the sale or exchange or conveyance of an 
interest in trust or restricted land may be made for 
an amount that is less than the fair market value 
of that interest; and 
"(ii) the approval of a transaction that is in compli-
ance with this section shall not constitute a breach 
of trust by the Secretary. 
"(B) WAIVER OF REQUIREMENT.—^The requirement for 
an estimate of value under subparagraph (A) may be 
waived in writing by £in Indian selling, exchanging, or 
conve5dng by gift deed for no or nominal consideration 
an interest in land with an Indian person who is the 
owner's spouse, brother, sister, lineal ancestor of Indian 
blood, lineal descendant, or collateral heir. 
"(2) LIMITATION.—For a period of 5 years after the Sec-
retary approves a conveyance pursuant to this subsection, the 
Secretary shall not approve an application to terminate the 
trust status or remove the restrictions of such an interest. 
"(c) ACQUISITION OF INTEREST BY SECRETARY.—^An Indian, or 
the recognized tribal government of a reservation, in possession 
of an interest in trust or restricted lands, at least a portion of 
which is in trust or restricted status on the date of enactment 
of the Indian Land Consolidation Act Amendments of 2000 and 
located within a reservation, may request that the interest be 
taken into trust by the Secretary. Upon such a request, the Sec-
retary shall forthwith take such interest into trust. 
"(d) STATUS OF LANDS.—^The sale, exchange, or conveyance 
by gift deed for no or nominal consideration of an interest in 
trust or restricted land under this section shall not affect the 
status of that land as trust or restricted land. 
"(e) 
LAND OWNERSHIP INFORMATION.—^Notwithstanding 
any 
other provision of law, the names and mailing addresses of the 
Indian owners of trust or restricted lands, and information on 
the location of the parcel and the percentage of undivided interest 
owned by each individual, or of any interest in trust or restricted 
lands, shall, upon written request, be made available to— 
"(1) other Indian owners of interests in trust or restricted 
lands within the same reservation; 
"(2) the tribe that exercises jurisdiction over the land where 
the parcel is located or any person who is eligible for member-
ship in that tribe; and 
"(3) prospective applicants for the leasing, use, or consolida-
tion of such trust or restricted land or the interest in trust 
or restricted lands. 
114 STAT. 2004 
PUBLIC LAW 106-462—NOV. 7, 2000 
"(f) NOTICE TO INDIAN TRIBE.—^After the expiration of the limita-
tion period provided for in subsection (b)(2) and prior to considering 
an Indian application to terminate the trust status or to remove 
the restrictions on alienation from trust or restricted land sold, 
exchanged or otherwise conveyed under this section, the Indian 
tribe that exercises jurisdiction over the parcel of such land shall 
be notified of the application and given the opportunity to match 
the purchase price that has been offered for the trust or restricted 
land involved. 
25 use 2217. 
"SEC. 218. REPORTS TO CONGRESS. 
"(a) IN GENERAL.—Prior to expiration of the authority provided 
for in section 213(a)(2)(A), the Secretary, after consultation with 
Indian tribes and other interested parties, shall submit to the 
Committee on Indian Affairs and the Committee on Energy and 
Natural Resources of the Senate and the Committee on Resources 
of the House of Representatives a report that indicates, for the 
period covered by the report— 
"(1) the number of fractional interests in trust or restricted 
lands acquired; and 
"(2) the impact of the resulting reduction in the number 
of such fractional interests on the financial and realty record-
keeping systems of the Bureau of Indian Affairs. 
"(b) REPORT.—^The reports described in subsection (a) and sec-
tion 213(a) shall contain findings as to whether the program under 
this Act to acquire fractional interests in trust or restricted lands 
should be extended and whether such program should be altered 
to make resources available to Indian tribes and individual Indian 
landowners. 
25 use 2218. 
"SEC. 219. APPROVAL OF LEASES, RIGHTS-OF-WAY, AND SALES OF 
NATURAL RESOURCES. 
"(a) APPROVAL BY THE SECRETARY.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary may approve any lease or agreement that 
affects individually owned allotted land or any other land held 
in trust or restricted status by the Secretary on behalf of 
an Indian, if— 
"(A) the owners of not less than the applicable percent-
age (determined under subsection (b)) of the undivided 
interest in the allotted land that is covered by the lease 
or agreement consent in writing to the lease or agreement; 
and 
"(B) the Secretary determines that approving the lease 
or agreement is in the best interest of the owners of the 
undivided interest in the allotted land. 
"(2) RULE OF CONSTRUCTION.—^Nothing in this section shall 
be construed to apply to leases involving coal or uranium. 
"(3) DEFINITION.—In this section, the term 'allotted land' 
includes any land held in trust or restricted status by the 
Secretary on behalf of one or more Indians. 
"(b) APPLICABLE PERCENTAGE.— 
"(1) PERCENTAGE INTEREST.—^The applicable percentage 
referred to in subsection (a)(1) shall be determined as follows: 
"(A) If there are 5 or fewer owners of the undivided 
interest in the allotted land, the applicable percentage shall 
be 100 percent. 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 2005 
"(B) If there are more than 5 such owners, but fewer 
than 11 such owners, the apphcable percentage shall be 
80 percent. 
"(C) If there are more than 10 such owners, but fewer 
than 20 such owners, the applicable percentage shall be 
60 percent. 
"(D) If there are 20 or more such owners, the applicable 
percentage shall be a majority of the interests in the 
allotted land. 
"(2) DETERMINATION OF OWNERS.— 
"(A) IN GENERAL,—^For purposes of this subsection, in 
determining the number of owners of, and their interests 
in, the undivided interest in the allotted land with respect 
to a lease or agreement, the Secretary shall make such 
determination based on the records of the Department 
of the Interior that identify the owners of such lands and 
their interests and the number of owners of such land 
on the date on which the lease or agreement involved 
is submitted to the Secretary under this section. 
"(B) RULE OF coNSTRUCTiON.^Nothing in subpara-
graph (A) shall be construed to authorize the Secretary 
to treat an Indian tribe as the owner of an interest in 
allotted land that did not escheat to the tribe pursuant 
to section 207 as a result of the Supreme Court's decision 
in Babbitt v. Youpee (117 S Ct. 727 (1997)). 
"(c) AUTHORITY OF SECRETARY TO SIGN LEASE OR AGREEMENT 
ON BEHALF OF CERTAIN OWNERS.—^The Secretary may give written 
consent to a lease or agreement under subsection (a)— 
"(1) on behalf of the individual Indian owner if the owner 
is deceased and the heirs to, or devisees of, the interest of 
the deceased owner have not been determined; or 
"(2) on behalf of any heir or devisee referred to in paragraph 
(1) if the heir or devisee has been determined but cannot 
be located 
"(d) EFFECT OF APPROVAL.— 
"(1) APPLICATION TO ALL PARTIES.— 
"(A) IN GENERAL.—Subject to paragraph (2), a lease 
or agreement approved by the Secretary under subsection 
(a) shall be binding on the parties described in subpara-
graph (B), to the same extent as if all of the owners 
of the undivided interest in allotted land covered under 
the lease or agreement consented to the lease or agreement. 
"(B) DESCRIPTION OF PARTIES.—-The parties referred 
to in subparagraph (A) are— 
"(i) the owners of the undivided interest in the 
allotted land covered under the lease or agreement 
referred to in such subparagraph; and 
"(ii) all other parties to the lease or agreement. 
"(2) TRIBE NOT TREATED AS PARTY TO LEASE; NO EFFECT 
ON TRIBAL SOVEREIGNTY, IMMUNITY.— 
"(A) IN GENERAL.—Subparagraph (B) shall apply with 
respect to any undivided interest in allotted land held 
by the Secretary in trust for a tribe if a lease or agreement 
under subsection (a) is otherwise applicable to such undi-
vided interest by reason of this section even though the 
Indian tribe did not consent to the lease or agreement. 
114 STAT. 2006 
PUBLIC LAW 106-462—NOV. 7, 2000 
"(B) APPLICATION OF LEASE.—^The lease or agreement 
described in subparagraph (A) shall apply to the portion 
of the undivided interest in allotted land described in such 
paragraph (including entitlement of the Indian tribe to 
payment under the lease or agreement), and the Indian 
tribe shall not be treated as being a party to the lease 
or agreement. Nothing in this section (or in the lease 
or agreement) shall be construed to affect the sovereignty 
of the Indian tribe. 
"(e) DISTRIBUTION OF PROCEEDS.— 
"(1) IN GENERAL.—^The proceeds derived from a lease or 
agreement that is approved by the Secretary under subsection 
(a) shall be distributed to all owners of undivided interest 
in the allotted land covered under the lease or agreement. 
"(2) 
DETERMINATION 
OF 
AMOUNTS 
DISTRIBUTED.—^The 
amount of the proceeds under paragraph (1) that are distributed 
to each owner under that paragraph shall be determined in 
accordance with the portion of the undivided interest in the 
allotted land covered under the lease or agreement that is 
owned by that owner. 
"(f) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to amend or modify the provisions of Public Law 
105-188 (25 U.S.C. 396 note), the American Indian Agricultural 
Resources Management Act (25 U.S.C. 3701 et seq.), title II of 
the Indian Land Consolidation Act Amendments of 2000, or any 
other Act that provides specific standards for the percentage of 
ownership interest that must approve a lease or agreement on 
a specified reservation. 
25 use 2219. 
"SEC. 220. APPUCATION TO ALASKA. 
"(a) FINDINGS.—Congress finds that— 
"(1) numerous academic and governmental organizations 
have studied the nature and extent of fractionated ownership 
of Indian land outside of Alaska and have proposed solutions 
to this problem; and 
"(2) despite these studies, there has not been a comparable 
effort to analyze the problem, if any, of fractionated ownership 
in Alaska. 
"(b) APPLICATION OF ACT TO ALASKA.—^Except as provided in 
this section, this Act shall not apply to land located within Alaska. 
"(c) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to constitute a ratification of any determination by 
any agency, instrumentality, or court of the United States that 
may support the assertion of tribal jurisdiction over allotment lands 
or interests in such land in Alaska.". 
25 use 2206 
SEC. 104. JUDICIAL REVIEW. 
Notwithstanding section 207(g)(5) of the Indian Land Consolida-
tion Act (25 U.S.C. 2206(f)(5)), after the Secretary of the Interior 
provides the certification required under section 207(g)(4) of such 
Act, the owner of an interest in trust or restricted land may bring 
an administrative action to challenge the application of such section 
207 to the devise or descent of his or her interest or interests 
in trust or restricted lands, and may seek judicial review of the 
final decision of the Secretary of the Interior with respect to such 
challenge. 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 2007 
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
25 USC 2201 
There are authorized to be appropriated not to exceed 
$8,000,000 for fiscal year 2001 and each subsequent fiscal year 
to carry out the provisions of this title (and the amendments made 
by this title) that are not otherwise funded under the authority 
provided for in any other provision of Federal law. 
SEC. 106. CONFORMING AMENDMENTS. 
(a) PATENTS HELD IN TRUST.—The Act of February 8, 
1887 
(24 Stat. 388) is amended— 
(1) by repealing sections 1, 2, and 3 (25 U.S.C. 331, 332, 
and 333); and 
(2) in the second proviso of section 5 (25 U.S.C. 348)— 
(A) by striking "and partition"; and 
(B) by striking "except" and inserting "except as pro-
vided by the Indian Land Consolidation Act or a tribal 
probate code approved under such Act and except". 
(b) ASCERTAINMENT OF HEIRS AND DISPOSAL OF ALLOTMENTS.— 
The Act of June 25, 1910 (36 Stat. 855) is amended— 
(1) in the first sentence of section 1 (25 U.S.C. 372), by 
striking "under" and inserting "under the Indian Land Consoli-
dation Act or a tribal probate code approved under such Act 
and pursuant to"; and 
(2) in the first sentence of section 2 (25 U.S.C. 373), by 
striking "with regulations" and inserting "with the Indian Land 
Consolidation Act or a tribal probate code approved under 
such Act and regulations". 
(c) TRANSFER OF LANDS.—Section 4 of the Act of June 18, 
1934 (25 U.S.C. 464) is amended by striking "member or:" and 
inserting "member or, except as provided by the Indian Land 
Consolidation Act,". 
TITLE II—LEASES OF NAVAJO INDIAN 
ALLOTTED LANDS 
SEC. 201. LEASES OF NAVAJO INDIAN ALLOTTED LANDS. 
25 USC 396 note. 
(a) DEFINITIONS,—In this section: 
(1) INDIAN TRIBE.—^The term "Indian tribe" has the meaning 
given the term in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)). 
(2) INDIVIDUALLY OWNED NAVAJO INDIAN ALLOTTED LAND.— 
The term "individually owned Navajo Indian allotted land" 
means Navajo Indian allotted land that is owned in whole 
or in part by 1 or more individuals. 
(3) NAVAJO INDIAN.—^The term "Navajo Indian" means a 
member of the Navajo Nation. 
(4) NAVAJO INDIAN ALLOTTED LAND.—^The term "Navajo 
Indian allotted land" means a single parcel of land that— 
(A) is located within the jurisdiction of the Navajo 
Nation; and 
(B)(i) is held in trust or restricted status by the United 
States for the benefit of Navajo Indians or members of 
another Indian tribe; and 
(ii) was— 
(I) allotted to a Navajo Indian; or 
114 STAT. 2008 
PUBLIC LAW 106-462—NOV. 7, 2000 
(II) taken into trust or restricted status by the 
United States for a Navajo Indian. 
(5) OWNER.—^The term "owner" means, in the case of any 
interest in land described in paragraph (4)(B)(i), the beneficial 
owner of the interest. 
(6) SECRETARY.—^The term "Secretary' means the Secretary 
of the Interior. 
(b) APPROVAL BY THE SECRETARY.— 
(1) IN GENERAL.—^The Secretary may approve an oil or 
gas lease or agreement that affects individually owned Navajo 
Indian allotted land, if— 
(A) the owners of not less than the applicable percent-
age (determined under paragraph (2)) of the undivided 
interest in the Navajo Indian allotted land that is covered 
by the oil or gas lease or agreement consent in writing 
to the lease or agreement; and 
(B) the Secretary determines that approving the lease 
or agreement is in the best interest of the owners of the 
undivided interest in the Navajo Indian allotted land. 
(2) PERCENTAGE INTEREST.—^The applicable percentage 
referred to in paragraph (1)(A) shall be determined as follows: 
(A) If there are 10 or fewer owners of the undivided 
interest in the Navajo Indian allotted land, the applicable 
percentage shall be 100 percent. 
(B) If there are more than 10 such owners, but fewer 
than 51 such owners, the applicable percentage shall be 
80 percent. 
(C) If there are 51 or more such owners, the applicable 
percentage shall be 60 percent. 
(3) AUTHORITY OF SECRETARY TO SIGN LEASE OR AGREEMENT 
ON BEHALF OF CERTAIN OWNERS.—^The Secretary may give writ-
ten consent to an oil or gas lease or agreement under paragraph 
(1) on behalf of an individual Indian owner if— 
(A) the owner is deceased and the heirs to, or devisees 
of, the interest of the deceased owner have not been deter-
mined; or 
(B) the heirs or devisees referred to in subparagraph 
(A) have been determined, but 1 or more of the heirs 
or devisees cannot be located. 
(4) EFFECT OF APPROVAL.— 
(A) APPLICATION TO ALL PARTIES.— 
(i) IN GENERAL.—Subject to subparagraph (B), an 
oil or gas lease or agreement approved by the Secretary 
under paragraph (1) shall be binding on the parties 
described in clause (ii), to the same extent as if all 
of the owners of the undivided interest in Navajo 
Indian allotted land covered under the lease or agree-
ment consented to the lease or agreement. 
(ii) DESCRIPTION OF PARTIES.—^The parties referred 
to in clause (i) are— 
(I) the owners of the undivided interest in 
the Navajo Indian allotted land covered under the 
lease or agreement referred to in clause (i); and 
(II) all other parties to the lease or agreement. 
(B) EFFECT ON INDL\N TRIBE.—If— 
PUBLIC LAW 106-462—NOV. 7, 2000 
114 STAT. 2009 
(i) an Indian tribe is the owner of a portion of 
an undivided interest in Navajo Indian allotted land; 
and 
(ii) an oil or gas lease or agreement under para-
graph (1) is otherwise applicable to such portion by 
reason of this subsection even though the Indian tribe 
did not consent to the lease or agreement, 
then the lease or agreement shall apply to such portion 
of the undivided interest (including entitlement of the 
Indian tribe to payment under the lease or agreement), 
but the Indian tribe shall not be treated as a party to 
the lease or agreement and nothing in this subsection 
(or in the lease or agreement) shall be construed to affect 
the sovereignty of the Indian tribe. 
(5) DISTRIBUTION OF PROCEEDS.— 
(A) IN GENERAL.—^The proceeds derived from an oil 
or gas lease or agreement that is approved by the Secretary 
under paragraph (1) shall be distributed to all owners 
of the undivided interest in the Navajo Indian allotted 
land covered under the lease or agreement. 
(B) DETERMINATION OF AMOUNTS DISTRIBUTED.—^The 
amount of the proceeds under subparagraph (A) distributed 
to each owner under that subparagraph shall be determined 
in accordance with the portion of the undivided interest 
in the Navajo Indian allotted land covered under the lease 
or agreement that is owned by that owner. 
Approved November 7, 2000. 
LEGISLATIVE HISTORY—S. 1586: 
SENATE REPORTS: No. 106-361 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
July 26, considered and passed Senate. 
Oct. 23, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Nov. 11, Presidential statement.