[115th Congress Public Law 399]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5331]]
Public Law 115-399
115th Congress
An Act
To amend the Act of August 4, 1947 (commonly known as the Stigler Act),
with respect to restrictions applicable to Indians of the Five Civilized
Tribes of Oklahoma, and for other purposes. <<NOTE: Dec. 31,
2018 - [H.R. 2606]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Stigler Act
Amendments of 2018. 25 USC 331 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stigler Act Amendments of 2018''.
SEC. 2. <<NOTE: 25 USC 355 note.>> IN GENERAL.
The first section of the Act of August 4, 1947 (61 Stat. 731,
chapter 458), is amended--
(1) in the matter before subsection (a), by striking ``That
all restrictions'' and all that follows through subsection (a)
and inserting the following:
``Sec. 1. (a) All restrictions against alienation, conveyance,
lease, mortgage, creation of liens, or other encumbrances upon all
lands, including oil and gas or other mineral interests, in Oklahoma
belonging to a lineal descendant by blood of an original enrollee whose
name appears on the Final Indian Rolls of the Five Civilized Tribes in
Indian Territory, whether acquired by allotment, inheritance, devise,
gift, purchase, exchange, partition, partition sale, or by purchase with
restricted funds, of whatever degree of Indian blood, and whether
enrolled or unenrolled, shall be and are hereby, extended until an Act
of Congress determines otherwise.
``(b) The extension of restrictions described in subsection (a)
shall include without limitation, those interests in the estate of a
decedent Indian who died before the date of enactment of the Stigler Act
Amendments of 2018--
``(1) if such interests were acquired by an heir or devisee
of one-half or more degree of Indian blood, as computed from the
nearest enrolled lineal ancestors of Indian blood enrolled on
the Final Rolls described in subsection (a), by final order
issued by an Oklahoma district court or a United States district
court determining the decedent's heirs or devisees or otherwise
determining the ownership of said interests before said date; or
``(2) if such interests were, immediately prior to the
decedent's death, subject to restrictions and had not, as of the
date of enactment of the Stigler Act Amendments of 2018, been--
``(A) the subject of a final order issued by an
Oklahoma district court or a United States district
court determining
[[Page 132 STAT. 5332]]
the decedent's heirs or devisees or otherwise
determining the ownership of said interests;
``(B) conveyed by the decedent's undetermined heirs
or devisees by deed approved by an Oklahoma district
court; or
``(C) conveyed by the decedent's undetermined heirs
or devisees of less than one-half degree of Indian blood
with or without Oklahoma district court approval.
``Sec. 2. (a) Except as provided in subsection (f), subsection (g),
subsection (h), and subsection (i), no conveyance, including an oil and
gas or mineral lease, of any interest in the restricted lands described
in this section shall be valid unless approved in open court by the
district court of the county in Oklahoma in which the land is
situated;'';
(2) in subsection (b)--
(A) by striking ``county judge'' and inserting
``district judge''; and
(B) by striking ``Proceedings for approval of
conveyances by restricted heirs or devisees'' and
inserting ``Proceedings for approval of conveyances'';
(3) in subsection (c), by striking ``best interest of the
Indian'' and inserting ``best interest of the grantor''; and
(4) by adding before the period at the end the following:
``; (h) nothing contained in this section shall limit or affect
the right of an Indian owner of restricted lands described in
this Act to seek and obtain Secretarial removal of restrictions
on all or any portion of said restricted lands in accordance
with any applicable Federal law; (i) nothing contained in this
section shall invalidate the alienation, conveyance, lease,
including oil and gas or other mineral leases, mortgage,
creation of liens, or other encumbrance of any lands, if such
action was effective before the date of enactment of the Stigler
Act Amendments of 2018 and valid under the law then in effect;
and (j) in determining the quantum of Indian blood of any Indian
heir or devisee, the Final Indian Rolls of the Five Civilized
Tribes in Indian Territory as to such heir or devisee, if
enrolled, shall be conclusive of his or her quantum of Indian
blood. If unenrolled, his or her degree of Indian blood shall be
computed from the nearest enrolled lineal ancestors of Indian
blood enrolled on the Final Indian Rolls of the Five Civilized
Tribes in Indian Territory''.
SEC. 3. <<NOTE: 25 USC 355 note.>> TECHNICAL AMENDMENTS.
The Act of August 4, 1947 (61 Stat. 731, chapter 458), is amended--
(1) in section 5, by striking ``of one-half or more Indian
blood,'';
(2) in section 6(c)--
(A) by inserting ``purchase, partition sale,'' after
``gift,'' each place it appears; and
(B) by striking ``of one-half or more Indian
blood''; and
(3) in section 8, by striking ``of one-half or more Indian
blood,''.
SEC. 4. <<NOTE: 25 USC 355 note.>> REPEALS.
The following are repealed:
[[Page 132 STAT. 5333]]
(1) The first section of the Act of August 11, 1955 (69
Stat. 666, chapter 768).
(2) Section 2 of the Act of August 4, 1947 (61 Stat. 731,
chapter 458).
SEC. 5. <<NOTE: 25 USC 355 note.>> RULE OF CONSTRUCTION PROVIDING
FOR NO RETROACTIVITY.
Nothing in this Act, or the amendments made by this Act, shall be
construed to revise or extend the restricted status of any lands under
the Act of August 4, 1947 (61 Stat. 731, chapter 458) that lost
restricted status under such Act before the date of enactment of this
Act.
Approved December 31, 2018.
LEGISLATIVE HISTORY--H.R. 2606:
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HOUSE REPORTS: No. 115-902 (Comm. on Natural Resources).
SENATE REPORTS: No. 115-398 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Sept. 12, considered and passed House.
Dec. 13, considered and passed Senate, amended.
Dec. 19, 20, House considered and concurred in Senate
amendments.
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