[106th Congress Public Law 462]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ462.106]
[[Page 114 STAT. 1991]]
Public Law 106-462
106th Congress
An Act
To reduce the fractionated ownership of Indian lands, and for other
purposes. <<NOTE: Nov. 7, 2000 - [S. 1586]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Indian Land Consolidation
Act Amendments of 2000.>> assembled,
SECTION 1. SHORT TITLE. <<NOTE: 25 USC 2201 note.>>
This Act may be cited as the ``Indian Land Consolidation Act
Amendments of 2000''.
TITLE I--INDIAN LAND CONSOLIDATION
SEC. 101. FINDINGS. <<NOTE: 25 USC 2201 note.>>
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
[[Page 114 STAT. 1992]]
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 thousands 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-
determination, the Federal Government should encourage the
recognized tribal government that exercises jurisdiction over a
reservation to establish a tribal probate code for that
reservation.
SEC. 102. DECLARATION OF POLICY. <<NOTE: 25 USC 2201 note.>>
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.
SEC. 103. AMENDMENTS <<NOTE: 25 USC 2201 note.>> 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
following:
``(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
consistent 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:
[[Page 114 STAT. 1993]]
``(5) `heirs of the first or second degree' means parents,
children, grandchildren, grandparents, brothers and sisters of a
decedent.'';
(2) <<NOTE: 25 USC 2204.>> in section 205--
(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
following: ``. 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
following:
``(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) <<NOTE: 25 USC 2205.>> by striking section 206 and
inserting the following:
``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
consistent 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
inheriting 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.--
[[Page 114 STAT. 1994]]
``(A) In general.--Each Indian tribe that adopts a
tribal probate code under subsection (a) shall submit
that code to the Secretary for
review. <<NOTE: Deadline.>> 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
disapprove 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 tribal probate code is
consistent with Federal law and promotes the policies
set forth in section 102 of the Indian Land
Consolidation Act Amendments 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 shall include in the
notice of disapproval to the Indian tribe a written
explanation 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 approval. <<NOTE: Deadline.>> Not
later than 60 days after receiving an amendment
under this subparagraph, the Secretary shall
review and approve or disapprove the amendment.
``(ii) Consequence of failure to approve or
disapprove 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.
[[Page 114 STAT. 1995]]
``(5) Repeals.--The repeal of a tribal probate code shall--
``(A) <<NOTE: Effective date.>> not become
effective earlier than the date that 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 exercises
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 payment 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
devisee 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 revenue produced from the interest. The
amount of any payment 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 payments of amounts due pursuant to
paragraph (1); or
``(B) recognize alternative agreed upon exchanges of
consideration or extended payment 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 term `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 provide
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) <<NOTE: 25 USC 2206.>> by striking section 207 and
inserting the following:
``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
[[Page 114 STAT. 1996]]
``(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
collateral 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 paying 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.
[[Page 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
paragraph (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 subsection (a) or (b) of section 207; and
``(ii) that constitutes 5 percent or more of
the undivided 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 subsection (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
[[Page 114 STAT. 1998]]
``(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
Secretary that the Department of the Interior has the
capacity, including policies and procedures, to track
and manage interests in trust or restricted land held
with the right of survivorship, the Secretary shall
certify such determination 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--
``(A)(i) <<NOTE: Oklahoma.>> Oklahoma; and
``(ii) the boundaries of an Indian tribe's former
reservation (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
provide special assistance or consideration of a tribe's
acquisition 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
planning assistance in accordance with this subsection, to the
extent amounts are appropriated for such purpose.
``(2) Requirements.--The estate planning assistance provided
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.--
``(1) <<NOTE: Deadline. Notification.>> In general.--Not
later than 180 days after the date of enactment of the Indian
Land Consolidation Act Amendments of 2000, the Secretary shall
notify Indian tribes and owners
[[Page 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 newspapers that are directed at an Indian audience;
and
``(D) through any other means determined appropriate
by the Secretary.
``(4) <<NOTE: Notification. Federal Register,
publication.>> Certification.--After providing notice under
this subsection, the Secretary shall certify that the
requirements of this subsection 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 certification
required under paragraph (4).'';
(5) <<NOTE: 25 USC 2207.>> 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 <<NOTE: 25 USC 2212.>> PROGRAM FOR THE
ACQUISITION OF FRACTIONAL INTERESTS.
``(a) Acquisition by Secretary.--
``(1) In general.--The Secretary may acquire, at the
discretion 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 concerning 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
[[Page 114 STAT. 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
exercises 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-Determination 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 landowner upon payment 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 application 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.
``SEC. 214. ADMINISTRATION <<NOTE: 25 USC 2213.>> OF ACQUIRED
FRACTIONAL INTERESTS, DISPOSITION OF
PROCEEDS.
``(a) In General.--Subject to the conditions described in subsection
(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,
[[Page 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
paragraph are as follows:
``(A) Until the purchase price paid by the Secretary
for an interest referred to in subsection (a) has been
recovered, 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
purchase 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 generate 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 paid into the Acquisition Fund
created under section 216.
``(c) Tribe Not Treated as Party to Lease; No Effect on Tribal
Sovereignty, Immunity.--
[[Page 114 STAT. 2002]]
``(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.
``SEC. 215. <<NOTE: 25 USC 2214.>> ESTABLISHING 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 determined by the
Secretary. Such system may govern the amounts offered for the purchase
of interests in trust or restricted lands under section 213.
``SEC. <<NOTE: 25 USC 2215.>> 216. ACQUISITION FUND.
``(a) In General.--The Secretary shall establish an Acquisition Fund
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 fractional interests in trust or restricted
lands.
``(2) Maximum deposits of proceeds.--With respect to the
deposit of proceeds derived from an interest under paragraph
(1), the aggregate amount deposited under that paragraph shall
not exceed the purchase price of that interest under section
213.
``SEC. <<NOTE: 25 USC 2216.>> 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
exercises jurisdiction over the land; or
``(3) between individuals who own an interest in trust and
restricted land who wish to convey that interest to an Indian or
the tribal government that exercises jurisdiction over the
parcel of land involved;
[[Page 114 STAT. 2003]]
in a manner consistent with the policy 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 compliance 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 an Indian selling, exchanging, or
conveying 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
Secretary 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 Secretary 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
membership in that tribe; and
``(3) prospective applicants for the leasing, use, or
consolidation of such trust or restricted land or the interest
in trust or restricted lands.
[[Page 114 STAT. 2004]]
``(f) Notice to Indian Tribe.--After the expiration of the
limitation 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.
``SEC. <<NOTE: 25 USC 2217.>> 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
recordkeeping systems of the Bureau of Indian Affairs.
``(b) Report.--The reports described in subsection (a) and section
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.
``SEC. 219. APPROVAL <<NOTE: 25 USC 2218.>> 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
percentage (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.
[[Page 114 STAT. 2005]]
``(B) If there are more than 5 such owners, but
fewer than 11 such owners, the applicable 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 subparagraph
(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
subparagraph (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 undivided interest by reason of this section
even though the Indian tribe did not consent to the
lease or agreement.
[[Page 114 STAT. 2006]]
``(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.
``SEC. <<NOTE: 25 USC 2219.>> 220. APPLICATION 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.''.
SEC. <<NOTE: 25 USC 2206 note.>> 104. JUDICIAL REVIEW.
Notwithstanding section 207(g)(5) of the Indian Land Consolidation
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.
[[Page 114 STAT. 2007]]
SEC. <<NOTE: 25 USC 2201 note.>> 105. AUTHORIZATION OF APPROPRIATIONS.
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
provided 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
Consolidation 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. <<NOTE: 25 USC 396 note.>> 201. LEASES OF NAVAJO INDIAN ALLOTTED
LANDS.
(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
[[Page 114 STAT. 2008]]
(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
percentage (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 written
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 determined; 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 agreement 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 indian tribe.--If--
[[Page 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
paragraph (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.
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