[109th Congress Public Law 157]
[From the U.S. Government Printing Office]
[DOCID: f:publ157.109]
[[Page 119 STAT. 2949]]
Public Law 109-157
109th Congress
An Act
To amend the Indian Land Consolidation Act to provide for probate
reform. <<NOTE: Dec. 30, 2005 - [S. 1481]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Indian Land
Probate Reform Technical Corrections Act of 2005.>>
SECTION 1. <<NOTE: 25 USC 2201 note.>> SHORT TITLE.
This Act may be cited as the ``Indian Land Probate Reform Technical
Corrections Act of 2005''.
SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.
Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Purchase of Land.--
``(1) In general.--Subject to subsection (b), any Indian
tribe may purchase, at not less than fair market value and with
the consent of the owners of the interests, part or all of the
interests in--
``(A) any tract of trust or restricted land within
the boundaries of the reservation of the tribe; or
``(B) land that is otherwise subject to the
jurisdiction of the tribe.
``(2) Required consent.--
``(A) In general.--The Indian tribe may purchase all
interests in a tract described in paragraph (1) with the
consent of the owners of undivided interests equal to at
least 50 percent of the undivided interest in the tract.
``(B) Interest owned by tribe.--Interests owned by
an Indian tribe in a tract may be included in the
computation of the percentage of ownership of the
undivided interests in that tract for purposes of
determining whether the consent requirement under
subparagraph (A) has been met.'';
(2) by redesignating subsection (d) as subsection (c); and
(3) in subsection (c) (as redesignated by paragraph (2))--
(A) in paragraph (2)--
(i) in subparagraph (G)(ii)(I), by striking
``a higher valuation of the land'' and inserting
``a value of the land that is equal to or greater
than that of the earlier appraisal''; and
(ii) in subparagraph (I)(iii)--
(I) in subclause (III), by inserting
``(if any)'' after ``this section''; and
(II) in subclause (IV)--
[[Page 119 STAT. 2950]]
(aa) in item (aa), by
striking ``less'' and inserting
``more''; and
(bb) in item (bb), by
striking ``to implement this
section'' and inserting ``under
paragraph (5)''; and
(B) in paragraph (5), in the second sentence, by
striking ``shall'' and inserting ``may''.
SEC. 3. TRIBAL PROBATE CODES.
Section 206 of the Indian Land Consolidation Act (25 U.S.C. 2205) is
amended--
(1) in subsection (b)(3), by striking subparagraph (A) and
inserting the following:
``(A) the date that is 1 year after the date on
which the Secretary makes the certification required
under section 8(a)(4) of the American Indian Probate
Reform Act of 2004 (25 U.S.C. 2201 note; Public Law 108-
374); or''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section'' and
all that follows through ``the Indian tribe'' and
inserting ``section 207(b)(2)(A)(ii), the Indian
tribe''; and
(B) in paragraph (2)(A)(i)(II)(bb), by inserting
``in writing'' after ``agrees''.
SEC. 4. DESCENT AND DISTRIBUTION.
(a) In General.--Section 207 of the Indian Land Consolidation Act
(25 U.S.C. 2206) is amended--
(1) by redesignating subsections (h) through (p) as
subsections (g) through (o), respectively;
(2) in subsection (g) (as redesignated by paragraph (1))--
(A) in paragraph (2)--
(i) by inserting ``specifically'' after
``pertains''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) the allotted land (or any interest relating to
such land) of 1 or more specific Indian tribes expressly
identified in Federal law, including any of the Federal
laws governing the probate or determination of heirs
associated with, or otherwise relating to, the land,
interest in land, or other interests or assets that are
owned by individuals in--
``(i) Five Civilized Tribes restricted fee
status; or
``(ii) Osage Tribe restricted fee status.'';
and
(B) by adding at the end the following:
``(3) Effect of subsection.--Except to the extent that this
Act otherwise affects the application of a Federal law described
in paragraph (2), nothing in this subsection limits the
application of this Act to trust or restricted land, interests
in such land, or any other trust or restricted interests or
assets.'';
(3) in subsection (h) (as redesignated by paragraph (1))--
(A) in paragraph (6), by striking ``(25 U.S.C.
2205)''; and
(B) in paragraph (7), by inserting ``in trust or
restricted status'' after ``testator'';
(4) in subsection (j) (as redesignated by paragraph (1))--
(A) in paragraph (2)(A)--
[[Page 119 STAT. 2951]]
(i) in clause (ii)(I), by striking ``the date
of enactment of this subparagraph'' and inserting
``the date that is 1 year after the date on which
the Secretary publishes a notice of certification
under section 8(a)(4) of the American Indian
Probate Reform Act of 2004 (25 U.S.C. 2201 note;
Public Law 108-374)''; and
(ii) in clause (iii), by striking ``the
provisions of section 207(a)(2)(A)'' and inserting
``subsection (a)(2)(A)'';
(B) in paragraph (8)(D), by striking ``the
provisions of section 207(a)(2)(D) (25 U.S.C.
2206(a)(2)(D))'' and inserting ``subsection (a)(2)(D)'';
and
(C) in paragraph (9)(C)--
(i) by striking ``section 207(e) (25 U.S.C.
2206(e))'' and inserting ``subsection (e)''; and
(ii) by striking ``section 207(p) (25 U.S.C.
2206(p))'' and inserting ``subsection (o)''; and
(5) in subsection (o) (as redesignated by paragraph (1))--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``section 207(a)(2)(A) or (D)'' and
inserting ``subparagraph (A) or (D) of subsection
(a)(2)''; and
(ii) in subparagraph (A), by striking
``section 207(b)(1)(A)'' and inserting
``subsection (b)(1)(A)'';
(B) in paragraph (3)(B), by striking ``section
207(a)(2)(A) or (D)'' and inserting ``subparagraph (A)
or (D) of subsection (a)(2)''; and
(C) in paragraph (6)--
(i) in the first sentence, by striking
``Proceeds'' and inserting the following:
``(A) In general.--Proceeds''; and
(ii) by striking the second sentence and
inserting the following:
``(B) Holding in trust.--Proceeds described in
subparagraph (A) shall be deposited and held in an
account as trust personalty if the interest sold would
otherwise pass to--
``(i) the heir, by intestate succession under
subsection (a); or
``(ii) the devisee in trust or restricted
status under subsection (b)(1).''.
(b) Nontestamentary Disposition.--Section 207(a)(2)(D)(iv)(I)(aa) of
the Indian Land Consolidation Act (25 U.S.C. 2206(a)(2)(D)(iv)(I)(aa))
is amended--
(1) by striking ``clause (iii)'' and inserting ``this
subparagraph''; and
(2) in subitem (BB), by striking ``any co-owner'' and
inserting ``not more than 1 co-owner''.
(c) Joint Tenancy; Right of Survivorship.--Section 207(c) of the
Indian Land Consolidation Act (25 U.S.C. 2206(c)) is amended by striking
the subsection heading and inserting the following:
``(c) Joint Tenancy; Right of Survivorship.--''.
(d) Estate Planning Assistance.--Section 207(f)(3) of the Indian
Land Consolidation Act (25 U.S.C. 2206(f)(3)) is amended in the matter
preceding subparagraph (A) by inserting ``, including noncompetitive
grants,'' after ``grants''.
[[Page 119 STAT. 2952]]
SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.
Section 213 of the Indian Land Consolidation Act (25 U.S.C. 2212) is
amended--
(1) by striking the section heading and inserting the
following:
``SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.'';
and
(2) in subsection (a)(1), by striking ``(25 U.S.C.
2206(p))''.
SEC. 6. ESTABLISHING FAIR MARKET VALUE.
Section 215 of the Indian Land Consolidation Act (25 U.S.C. 2214) is
amended by striking the last sentence and inserting the following:
``Such a system may govern the amounts offered for the purchase of
interests in trust or restricted land under this Act.''.
SEC. 7. LAND OWNERSHIP INFORMATION.
Section 217(e) of the Indian Land Consolidation Act (25 U.S.C.
2216(e)) is amended by striking ``be made available to'' and inserting
``be made available to--''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Probate Reform.--The American Indian Probate Reform Act of 2004
(25 U.S.C. 2201 note; Public Law 108-374) is amended--
(1) in section 4, <<NOTE: 25 USC 2204.>> by striking ``(as
amended by section 6(a)(2))''; and
(2) in section 9, <<NOTE: 25 USC 2201 note.>> by striking
``section 205(d)(2)(I)(i)'' and inserting ``section
205(c)(2)(I)(i) of the Indian Land Consolidation Act (25 U.S.C.
2204(c)(2)(I)(i))''.
(b) Transfer and Exchange of Land.--Section 4 of the Act of June 18,
1934 (25 U.S.C. 464) is amended to read as follows:
``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF
INDIAN TRIBES AND CORPORATIONS.
``(a) Approval.--Except as provided in this section, no sale,
devise, gift, exchange, or other transfer of restricted Indian land or
shares in the assets of an Indian tribe or corporation organized under
this Act shall be made or approved.
``(b) Transfer to Indian Tribe.--
``(1) In general.--Land or shares described in subsection
(a) may be sold, devised, or otherwise transferred to the Indian
tribe on the reservation of which the land is located, or in the
corporation of which the shares are held or were derived (or a
successor of such a corporation), with the approval of the
Secretary of the Interior.
``(2) Descent and devise.--Land and shares transferred under
paragraph (1) shall descend or be devised to any member of the
Indian tribe or corporation (or an heir of such a member) in
accordance with the Indian Land Consolidation Act (25 U.S.C.
2201 et seq.), including a tribal probate code approved under
that Act (including regulations).
``(c) Voluntary Exchanges.--The Secretary of the Interior may
authorize a voluntary exchange of land or shares described in subsection
(a) that the Secretary determines to be of equal value if the Secretary
determines that the exchange is--
``(1) expedient;
[[Page 119 STAT. 2953]]
``(2) beneficial for, or compatible with, achieving proper
consolidation of Indian land; and
``(3) for the benefit of cooperative organizations.''.
SEC. 9. <<NOTE: 25 USC 464 note.>> EFFECTIVE DATE.
The amendments made by this Act shall be effective as if included in
the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note;
Public Law 108-374).
Approved December 30, 2005.
LEGISLATIVE HISTORY--S. 1481:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
July 26, considered and passed Senate.
Dec. 18, considered and passed House.
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